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Right Royal Romantic Reunions (a Valentine story that is complete fiction) ….

A Right Romantic Royal Reunion

St Valentine’s Day in Leicester was all wind, rain and freezing cold temperatures, but the weather had not deterred the many people who had come to the King Richard III Visitor Centre. They were eager to see the exhibition about the man who had died in battle at nearby Bosworth in 1485, was lost for over five hundred years, and then found again, to be buried in 2015 in Leicester’s cathedral.

Of all the many displays, people most wanted to see Richard’s accurately modelled head, which stood on a plinth in a glass cabinet, with a beam of light directed from above. Richard, so reviled by Shakespeare and the Tudors, was now known not to have been a monster at all, but a handsome young man, whom thousands believed was a strong, good ruler. His increasing number of supporters insisted that had he lived, he would have been a truly great king. But, when a tragic widower of only thirty-two, he had been betrayed, killed in battle, and his crown usurped.

The rain was coming down even harder when the centre closed for the night, after which the only lighting was to aid the CCTV cameras that covered virtually every nook and cranny. Strange things were to happen before the Feast of St Valentine ended at midnight, but for some unknown reason, some of the cameras closed down for half an hour before midnight.

If they had gone on working, the resultant recording would have been sensational evidence of the existence of ghosts. Surprisingly, it would also prove that if history had not treated King Richard well, it had not been entirely fair to his usurping Tudor successor either. Well, in one respect, at least. In others the usurper was justifiably criticised.

Where the two spectral figures came from was impossible to say. They simply appeared at the stroke of half-past eleven, at the very moment the cameras switched off. One second there was no one by the model of Richard, the next a tall young man and dainty young woman were there, both dressed in 15th-century clothes of particular richness and beauty.

The man was slender, with reddish hair that clung about his shoulders. He wasn’t handsome, but arresting, with a thin, sallow visage, high cheekbones, and hooded, rather chilly eyes that were emphasised by his arched eyebrows. He gave a withdrawn impression, secretive and unhappy.

He wore costly black velvet trimmed with rare brown fur, and the heavy gilt collar across his shoulders was thick with amethysts, rubies and pearls. The same precious jewels adorned the brooch on his soft black hat. Anyone who knew their history would immediately recognise the young King Henry VII, Lancastrian founder of the House of Tudor, and the very usurper who had stolen Richard’s crown. Supposedly, his usurpation had ended the civil strife we now call the Wars of the Roses.

Henry, who was cordially loathed by Richard’s army of modern-day supporters, had been very ill and in pain when he died in April 1509 at the age of fifty-two. Tonight, however, he was no more than thirty again, his constitution strong..

The woman at his side was small and dainty, with a pale, oval face, shaved forehead and fair hair that was completely hidden beneath a short hennin headdress draped behind with a white gauze veil. A diamond-shaped golden pendant, with a magnificent sapphire, rested prettily against her forehead, and she carried a fresh white rose, symbol of the House of York, to which she belonged. Fixed to the bodice of her golden gown was a costly brooch in the form of a white boar, and beneath it an enamelled red heart with the letter ‘R’ picked out in diamonds. The boar was the personal cognizance of her husband, King Richard III, and the red heart had been the last Valentine gift he had given to her.

Queen Anne Neville had fallen victim to consumption not long before her husband’s terrible betrayal at Bosworth in 1485. Their only child, the little Prince of Wales, had passed away before her, so Richard had been a lonely man, deep in grief, when he defended his crown, his realm and his life that dreadful August day. Anne had been only twenty-eight when she had to begin her next existence so prematurely, but now, on this St Valentine’s Night, she was twenty again, fresh and lovely.

That Anne and Henry were an unlikely pair to stand together was obvious enough, because they had never met in life, and if they had, they would have been bitter enemies. But here they were, strangers, obliged by the dictates and whims of the hereafter to come to this particular place on this particular night in an attempt to be reunited with their lost spouses. Their chance of success did not seem good, after all, five hundred years had passed and for some unknown reason, they were both still alone. Anne had some hopes of the coming minutes, but Henry was resigned to failure.

They were decidedly awkward in each other’s company. So much so, that Anne was waspish. “There are countless people I would prefer be with on St Valentine’s Night than you, Henry Tudor.”

“The feeling is mutual, madam. I consider myself to have drawn the short straw, not only having you to contend with, but your cursed husband as well. His is the very last face on earth I wish to see.”

“And his very nearly was the last face you saw,” Anne replied.

He ignored the jibe about his close call at Bosworth, where another yard or so would have seen Richard despatching him to oblivion. “Besides,” he continued, “you are actually immaterial, because it’s my tiresome wife I want a word with.”

“Poor woman.”

“What about me?” Henry clearly felt hard done by.

“You? You’re just a parsimonious misery.”

“That’s what everyone says, and you’re all wrong.” He looked at Richard again. “Plague take the fellow,” he muttered.

Anne smiled lovingly at her husband’s likeness, wishing it were the complete living man again. How she longed for that, especially on this, the most romantic of all nights. Instead, she had Henry Tudor to put up with.

Henry was still grumbling. “What chance did I stand against such a rival? I could never win hearts as he did. The plaguey fellow’s still winning them now, half a millennium later.”

“Well, you didn’t even try, did you? You were—and still are—a scowling, frost-faced, unsympathetic, totally unloveable so-and-so, padding around your palaces like a hound with toothache.”

“I did have toothache.”

“Even so, it was your choice to be all the rest, so how you can stand here now and complain, I really do not know.”

Henry glowered. One of his eyes had a cast, which gave him a most disconcerting appearance.

Anne couldn’t resist goading him. “The wrong man lost at Bosworth, Henry, and he lost it because of heinous treachery.”

He groaned. “Oh, don’t start all that again. I know the Yorkist bleat by heart. Why can’t you admit that if the situation had been reversed, your dear Richard would have done as I did.”

Her eyes flashed. “Except for the dishonourable crime of flinging you naked over a horse, your body mutilated and disgraced.”

“I regret that.”

She made a disparaging, disbelieving noise, and turned her back on him to go closer to Richard. Her hand passed effortlessly through the protective glass cabinet, to touch the model’s cold, unyielding cheek. “Oh, my darling, most beloved Richard. I’ve been waiting so long for you,” she murmured, forgetting Henry entirely as she caressed the face. “But now you have been found again and buried properly, I hope we can be reunited at last. Please, my love.”

Her fingers traced adoringly over the unresponsive features, and then moved to the brooch in the velvet hat. It was such an insultingly cheap, over-large thing, with fake stones. Richard would never have worn something that vulgar and big. He had too much style and taste. She flicked the pendant pearl at the bottom, remembering that other, more joyous St Valentine’s Day, when she had presented the original to him. He had embraced her and kissed her lips right there, in front of the crowded great hall at Middleham. Such festivities had taken place that evening of romance, happiness and contentment. Such lovemaking when the curtains of the bed were eventually drawn, and they were alone at last . . .

Henry watched her. “I fail to see why you couldn’t have been reunited before. You knew where he was.” It wasn’t said unpleasantly, just curiously.

She gave him a dark glance. “Because you hid him away, and buried him ignominiously in a grave totally unworthy of a King of England. He and I would have been reunited immediately if he’d been laid to rest publicly and with respect. Being concealed like that has kept his soul here, instead of being freed to enjoy his second life in the hereafter. With me. And our son, who waits as well. Richard was incarcerated underground for all those centuries, but when they found him again and made this likeness, he somehow became trapped inside it. No one really knows what happened, just that this is where he is now.”

She paused to blink tears away, and then turned another accusing glare upon Henry. “Yet I notice you gave yourself an ostentatious tomb of almost ridiculous splendour, and are able to enjoy your second life as you please. You really are a horrid person, Henry Tudor.”

“Thank you so much.” He sketched a mocking bow, but then held up his hands in surrender. “Oh, very well, mea culpa, a thousand times over, but it does not explain why I have not been reunited with Bess.”

“Ah.”

“What is ‘ah’ supposed to mean?” he demanded suspiciously. “You know something, don’t you?”

“Well, yes, actually. She’s avoiding you.”

He looked blank. “Avoiding me? I don’t believe you.”

“Please yourself. But it’s true. She had more than enough of your miserable ways in life. Now, every time she sees you looming on the horizon, she hides until you’ve gone again.”

“She . . . has no reason to feel that way,” Henry answered haltingly.

Anne was taken aback to see true hurt in his eyes. “Oh, think a little, sir! You kept such a tight hold upon your purse strings that she had to all but pay to breathe your air.”

His hurt intensified. “That is not so! Truly it is not. I pandered to her whims. I paid her gambling debts—which were HUGE!—and I let her have those unnecessarily expensive greyhounds. All one hundred of them! I always provided for her. And cherished her, which is more than she ever did me.”

“She says you were grudging and always lecturing her. According to her, you didn’t love her at all, and your . . . well, your attentions in the marital bed were cursory and efficient. Not in the least gentle and considerate.”

Henry’s lips had parted in dismay. “You seem intent upon believing her, but what she says is not true. Love, hate. So close, are they not?”

Anne was unsettled by his reaction, and as he walked away to a nearby exhibit, she leaned closer to Richard. “Do you think maybe Bess of York has been fibbing a little? Heaven forfend, of course.”

But Richard did not respond. He remained a cold, hard model on a plinth. Even his wig was the wrong colour, she thought. Far too straight and dark. His real hair had been a rich, deep chestnut, wavy, thick and heavy. Oh, how she had loved to run her fingers through it. Well, to be honest, she had loved to run her fingers over all of him. Every delicious inch.

His hair might not have been correctly depicted, but his face was. Well, except for the eyebrows, which were surely based upon the largest, furriest caterpillars in creation. Richard’s eyebrows had been smooth and cared for. Next she looked at the model’s blue eyes, but his eyes had been grey. She drew herself up sharply. No! His eyes were still grey, for he would come to her again. He was not going to stay in the past, or in this model. She wouldn’t allow it!

Words whispered to him in life now returned to her lips. “Oh, prithee Richard, your Anne would be your Valentine again.”

As she fingered her red heart brooch, a gift from him, she could almost hear his laughing reply as he pinned it there. “Your Valentine again? Sweetheart mine, you are always my Valentine, every minute, every hour, every day, every week, every month of every year.”

He had been a prince among men, and she had never been worthy of him. Fresh tears filled her eyes. “I failed you as a wife, my love,” she murmured, swallowing as a lump rose in her throat. “I gave you only one son, and it was not enough. Then we both left you on your own, surrounded by traitors and unworthy foes. Forgive me, for I still love you so very much.”

Henry was close enough to hear, and turned to her. “Speaking as one of those unworthy foes, I wish to point out that yours was a political alliance, as was mine.”

“No!”

“Yes.”

“You do not know anything about my marriage,” she declared.

“Hmm, yet you know all about mine, it would seem.”

She looked at him. “Perhaps I should not have spoken as I did.”

He inclined his head with that odd grace that was always his mark. “You judge me, but only have my wife’s testimony. I know your marriage to Richard was a calculated alliance on both your parts, for it’s as plain as the proverbial pikestaff. That you came to love each other deeply I do not doubt at all, indeed I am fully prepared to believe it. Yet you do not seem able to credit me with similar actions and feelings.”

Anne did not know what to say, because the man before her now was so very human that it did not seem possible he could be Henry Tudor.

He drew a long breath, leaned back against a display table, and folded his arms. “I married Bess because I had to, I admit it, but I soon loved her. She, however, remained cold, and refused to see my honest emotion. ‘Doing her duty’ was her creed, and she made no move to make the marriage more than a mere contract. She was Elizabeth Plantagenet, the White Rose of York, proud and disdainful, and never once wished her pristine petals to be joined with mine in the Tudor rose. It broke my heart when she died, but it would seem now that she departed gladly. Anything to get away from me. And so she breaks my heart again. Believe her if you wish—if you must—but at least remember that whatever it was she believes she endured at my hands, I endured it ten times over at hers.”

Anne could hear the pain in his voice, almost to the point of feeling it herself, and it affected her in a way she would never have expected. She felt sympathy—no, compassion! She, Anne Neville, was deeply affected by his private and very genuine distress.

Henry fished something from his purse. It was a beautifully embroidered silk badge . . . no, not a badge exactly, Anne thought, for it was heart-shaped. As she watched, he pinned it to his sleeve, and she saw it showed a likeness of Bess, with roses—white and Tudor—and the initials ‘E’ and ‘H’. He spoke quietly. “There, you see? I wear my heart on my sleeve.”

Then he moved away, pretending to examine other displays. Except for the silk heart, there was once again nothing to suggest he was anything other than the cool, calm, collected and controlled Henry Tudor to whom everyone was accustomed.

Anne glanced at Richard again. “I think we may wrong him in this particular respect, my love. Not in everything else, of course, but where love is concerned . . .” She didn’t finish.

The model did not move. There was no softening into living flesh, nor did its eyes meet hers or its lips part to speak. It was Richard, and yet it was not. She needed to be in his arms again, to feel his heart beat next to hers, and the warmth of his body in the secret night. His freedom to live his second life was everything to her now. As she, Henry and Bess already lived again, so he should too. It was so very lonely without him, and now, on the Feast of St Valentine, the sense of loss and echoing heartache was almost intolerable.

“Oh, why will you not come to me now?” she asked softly, not wanting Henry to hear again. “We have been apart for too many centuries. You have to come to me. If you do not, I will never forgive you!”

But nothing happened. There seemed no life within that beautiful image that tortured her with its close resemblance to the greatest love of her life. The only love of her life. Her heart was heavy as she drew a fingertip across his lips. “I cannot go on without you, Richard. Come to me. Please. Please!”

Henry spoke just behind her. “You and I have clearly done something wrong, my lady, for we are both to be refused the reunion we seek so earnestly.”

She gave such a start that he touched her hand apologetically. “I didn’t mean to frighten you. I thought you realized I’d returned.”

“No, I didn’t.” She struggled to compose herself again. “Forgive me, I was lost in thought.”

“I can understand. There he is, so near and yet so very, very far.”

She nodded. That was just how Richard was to her.

He spoke sadly. “More than anything, I want to say to Bess the words I never said to her in life, that I love her. She may not want to hear it, indeed, she clearly does not, but I need to say it.”

Anne’s lips wobbled, and she burst into tears, because his sorrow had become hers. Henry hesitated, and then pulled her to him in a gesture of kindness and comfort. He was careful not to crush the white rose she carried, knowing that such a catastrophe would not go down well. “What a sorry pair we are,” he said. “Both of us needing our proud Plantagenet spouse, and both denied the solace we desire so very much.”

Her tears increased. She was overwhelmed that such complete understanding should be shared with Richard’s ultimate foe. At this moment, Henry Tudor offered the support that was suddenly essential to her.

He smiled a little. “How cruel fate can be. We have been sent here on this, of all days, and yet it seems that no matter what, we will be refused the easing of our hearts.”

“Maybe not this time. Maybe tonight we will find them again.” Sniffing, she stepped back to search in her purse for a kerchief that proved elusive.

He pressed his own into her hand, and winced a little as she blew her nose into it noisily. The finest, rarest, most heavenly silk—so costly!—and she— Well, no matter. What did anything really matter now?

Anne looked up at him gratefully. “I could almost like you.”

“I might say the same of you, my lady. Richard was a fortunate man. Well, in his marriage, at least.” Henry cleared his throat awkwardly, because for him to name Richard III as fortunate was surely inappropriate in the extreme.

Anne summoned a little smile. “I never thought I would say this, Henry Tudor, but I hope you find Bess and are able to tell her you love her. I really do wish it. If I see her, I will tell her she must be kind to you.”

He smiled again and kissed her hand. “Thank you, Lady Anne, and let me wish you success in regaining Richard.”

There was a soft sound from the cabinet, and Anne noticed to her astonishment that Richard’s hat brooch had fallen on to the plinth. “How . . . odd,” she said.

“Well, you were toying with it,” Henry pointed out sensibly.

He was right. She must have dislodged it.

Henry drew a long breath. “In our different ways, and after all this time, we deserve some happiness, don’t you think?”

“Yes. Henry, I—” She broke off as his gaze suddenly darted past her, towards one of the few shadowy corners where the lighting did not penetrate. “What is it?” she asked nervously, shrinking close to him again.

“There’s someone there,” he said softly. “It . . . it looks like—” His breath caught as a figure moved into the light. A beautiful woman, perhaps a little embonpoint, but unmistakably his beloved Bess of York.

She came closer, the rustle of her kingfisher silk gown audible in the silence. She too was young and lovely again, her red-gold hair cascading to her waist, and her eyes very blue. “Henry?” she said softly.

He gazed at her, unable to speak or move. Five hundred years was a long, long time.

“Oh, Henry, please forgive me,” Bess breathed.

Now his were the eyes that brimmed with tears.

She held out her hands. “Forgive me for never understanding. Come to me now. I will never spurn you again or do anything to hurt you. I love you too, you silly Welsh pudding, but you never once said the right thing at the right time.”

He hesitated. “And the right thing to say now is . . . ?”

“You know what it is.”

“I love you, Bess of York. I love you completely and always have.”

His queen extended her arms, and Anne gave him a gentle push. She watched as they clung together in an embrace that was centuries overdue, but then they began to fade from view. First she could see through them, and at the very moment their lips met, they disappeared completely.

The Visitor Centre seemed suddenly very empty. Or was it? Anne could hear her own heart beating, but was another beating too? One that she could sense, but not quite hear? She did not dare to turn towards the display cabinet again, for fear that he would be the same as before, a mere model, with the wrong eyes and hair, awful eyebrows and no life at all.

“Oh, Anne,” his voice said softly, “do you have so little hope of me?”

Her eyes closed. Please do not let her be imagining it.

“Anne?”

“I . . . am afraid to turn, Richard, because I fear you will not really be here.”

“Did Henry just imagine his Bess?”

“No, for I saw and heard them both.”

“You hear me, sweetheart, so turn . . . and see me too.”

“I cannot,” she whispered.

“Do you remember how we exchanged red hearts that St Valentine Day in York? I pinned one to your gown, and you wear it still. But do you recall what happened to the other?”

“I . . . yes, I fixed it to your hat.”

“Where it is now. Turn, sweetheart.”

Slowly, shakily, she did as he asked, and at first experienced sharp dismay that the model was still in the cabinet, seeming unchanged. But then a movement nearby caught her full attention. There he was, the complete man, her perfect, imperfect Richard! Slender and almost fragile, smiling, his wonderful grey eyes alight with all that he felt for her.

His lean, fine-boned face was as matchless as ever, and his hair was dark chestnut again, falling in those sensuous waves that always invited her playful, adoring fingers. She could only stare, still fearing he was imagined; that he was her intense love conjured into light, but lacking substance. Yet the red heart was pinned to his hat.

He gazed at her. “My dearest love, I have so yearned for this moment.”

She remained uncertain. “But, why . . . after all this time?” she whispered. “Is it that you have now had an honourable interment?”

“No, sweetheart, it is because you and Henry wished each other well and meant it in your hearts. That is all. You were sent tonight to understand and like each other. It was the hereafter’s chosen way to free me and open Bess’s eyes. All four of us, brought together forever on St Valentine’s Night.”

“Forever? You really will be allowed your second life now?” she ventured timidly.

“Forever, my beloved. Unless . . . maybe you don’t want me after all?” He was teasing, but she did not realise.

“Not want you? I will always want you! Everything that you are! Everything!” she cried.

Then she saw his loving smile, and something seemed to burst with joy inside her. She flung herself into his arms so fiercely that she almost knocked him over. His embrace enclosed her tightly, and she raised her lips to be kissed. Oh, such a kiss, so longed for and imagined countless times, so dreamed about and yearned for through centuries. And now, so well worth the waiting.

Her body felt as if it were melting, becoming one with his, and love keened wildly through them both. She was suddenly so ridiculously, foolishly, exhilaratingly alive again that those empty centuries might never have been. King Richard III and his queen were reunited, and eternity now stretched gloriously before them.

Midnight began to strike, and she realized they were beginning to fade as Henry and Bess had before them. For a moment her thoughts turned to that other king, and the warmth with which he had comforted her. She sent a thought to find its way to him. ”Thank you, Henry Tudor.”

His happy reply winged back. “No, thank you, Lady Anne.”

The following morning, when the CCTV cameras were checked, as they were every day, it was discovered that those in the vicinity of Richard’s likeness had ceased to operate half an hour before midnight, but then resumed as normal immediately after the last stroke of the hour. It was also found that the king’s hat adornment had somehow fallen.

A middle-aged female assistant unlocked the cabinet to restore the brooch to its proper place on the hat, pinning it with the same great care she knew she’d shown before. “That’s odd,” she murmured to the colleague with her.

“You can’t have put it on properly the first time,” the young blonde friend at her side responded, and then laughed. “Or perhaps there was an earthquake.”

“The alarms would have gone off,” the first woman pointed out practically.

The other rolled her eyes. “It was a joke. I know Leicester isn’t the earthquake capital of the world,” she replied.

“Oh. Anyway, I’m not talking about the brooch having fallen, more that I feel sure there’s something different about him this morning.”

The other pursed her lips and tilted her head to study the model. “What do you mean? He looks the same as always to me. Must have been a tasty man in life, eh?” She laughed.

“What I mean is that he no longer seems to be inside.”

“Don’t be daft. He never was, poor chap.”

“No, I suppose not.”

The friend glanced at her watch. “I’m late! See you later.”

“Yes. Bye for now.” The first woman continued to look at the model’s handsome but inscrutable face. “You have gone, haven’t you, Richard?” she whispered. “Oh, I’ll miss you so much.” With a sigh, she adjusted the hat fondly, and then locked the cabinet again.

YORK OR LANCASTER: WHO WAS THE RIGHTFUL KING OF ENGLAND?

Part 2 – For a kingdom any oath may be broken – York’s title 1460

 

Introduction

This is an essay about the legitimacy of the duke of York’s title to the English crown. I am not going to delve into the duke’s motive for claiming the crown, or into the details of the rebellion that led to his claim. I have covered both these issues in previous posts on this site[1].

Who was the true king of England: the Lancastrian Henry VI or his cousin Richard duke of York? That was the question uppermost in the minds of the lords spiritual and temporal in parliament in the autumn of 1460.[2] They were debating this question because: “…In October the duke of York came over from Ireland to Westminster at the beginning of parliament and as soon as he had entered the upper chamber of the royal palace, where the lords spiritual and temporal were sitting, he approached the royal throne and claimed the seat as his own; he put forward an account of his descent from Lionel duke of Clarence, to whose successors, he said, the kingdom of England belonged, since he was the elder, rather than to the descendants of John duke of Lancaster, the younger brother from whom king Henry was descended.[3] It was a claim as dramatic as it was unexpected and parliament was fully occupied for three weeks discussing the duke’s lineage and his rights.

The outcome of their discussion was so disconcerting to the anonymous author of

‘A Short Latin Chronicle’ that he lapsed into English when writing about it: ”Wherefore the king understanding the said title of the said duke [to be] just, lawful, and true and sufficient by the advice and assent of his Lords spiritual and temporal and the commons in the parliament and by the authority of the same parliament, approves, ratifies, confirms and accepts the said title (as) just, good, lawful and thereunto gives his assent and agreement of his free will and liberty. And moreover it is said by advice and authority, declared, called, established, affirmed, and reputed that the said Richard duke of York (is) very true and rightful heir to the crown of England and France.”[4] Everything is in the duke’s favour except the outcome. His title to the throne is thrice lawful; the Lancastrians are thrice usurpers. Nonetheless, York is not to be crowned until after Henry is dead. It was a recipe for disaster.

York was ten years older than Henry and statistically, at least, unlikely to outlive him. More importantly, the queen and her disinherited son were still at large with an armed force, embittered and well able to oppose this Act of Accord. Not for the first time, nor for the last, an English parliament had managed to make a bad situation worse. The only royal settlement likely to subsist now was one settled on a battlefield. Moreover, the Act of Accord presents a constitutional conundrum. If parliament judged York’s title to be unbeatable, why did they not give effect to their judgment? And, if York believed in the truth and justice of his title, why did he agree to bend his knee to the usurping Henry? The answers to these questions lie in the politics of the day.

York’s Petition

York submitted his written claim on the 16 October 1460[5]. It had the virtue of simplicity, being based solely on his hereditary right of succession. The only evidence adduced was York’s lineage. The main thrust of his case was that in 1399, when king Richard II was deposed, Henry of Lancaster seized the throne, which more properly belonged to Edmund Mortimer earl of March who was descended (through his grandmother Philippa) from Lionel duke of Clarence the third son of king Edward III; whereas, Henry of Lancaster was descended from John duke of Lancaster the king’s fourth son.

The Lords’ objections

The king, who was consulted next day, requested the lords to state objections to Yorks claim.[6] The lords prevaricated. They asked the king’s justices for advice. The justices declined to give it on the grounds that the succession was above the common law, and beyond their jurisdiction and competence. The sergeants-at-law also refused to give their counsel; they argued that if the succession was too weighty for the king’s justices, it was surely above the sergeants’ learning and authority. It seems that only those of the blood royal, and the lords spiritual and temporal were qualified to solve this problem. Freedom of speech was allowed and each lord was to put forward whatever he could to strengthen the king’s title and to defeat York’s. Eventually, five objections were raised:

  • First, the lords were bound to remember the great oaths of fealty that they had sworn to the king. These oaths argued against York’s claim since they could not be broken.
  • Second, the great and noble acts of parliament (unspecified) made in various earlier parliaments could be used against York’s title. Being statutes, these acts carried far more authority than any chronicle and defeated any claim made by any person.
  • Third, similarly, the various entails (again unspecified) made by the heirs male with regard to the crown of England argued against Yorks title, as may appear in various chronicles and parliaments
  • Fourth, York did not bear the arms of Lionel duke of Clarence; and
  • Fifth, Henry succeeded to the throne as the heir of king Henry III, and not as a conqueror

 

York’s response to the objections

The matter of oaths was important, which is why it was the first objection. Although it did not go directly to the merit of York’s title, it was a considerable barrier to the success of his claim. The lords were concerned about two things. First, their own oaths of allegiance to Henry as king “by succession, borne to reign” and to his son Prince Edward, which they had sworn less than twelve months previously at Coventry. Second, they were reminding York of his own oaths of allegiance and obedience, and many protestations of loyalty made to the king over the last decade. The breaking of these oaths was not merely a religious impropriety; it was sinfulness, the breaking of God’s law. To be forsworn was to court eternal damnation.

York responded in kind. He acknowledged every man’s duty to uphold God’s law and Commandments. However, he distinguished between oaths that preserve truth and justice and oaths that promote untruth and injustice. The first kind is obedient to Gods law, which prefers truth and justice; whereas, the second kind is contrary to God’s law. Moreover, since no man can absolve himself from obedience to God’s law to uphold truth and justice and since the oaths referred to by the lords are of the second kind, they are void and of no effect. An oath of allegiance does not bind a man to do anything unfitting or unlawful.

Despite the spiritual views expressed by both sides, Yorks final sentence contained an unmistakable temporal message for the king and his lords. It was a principle York had expressed in an open letter to the king just before first St Albans (1455). Whilst emphasizing, yet again, that he and his followers are the king’s true liegemen ready to live and die in his service he added “…to do all things as shall like your majesty to command us, if it be to the worship of the crown and the welfare of your noble realm (my emphasis).” York was putting conditions on his loyalty and obedience. He was making an important distinction between the institution of ‘the crown’ and the person of the king, and between them both and the rights of the realm. The implication is that although ‘royal authority’ is vested personally in the king, he must behave in accordance with the accepted norms of English monarchs as expressed in the coronation oath that binds them all. York is also introducing the concept of the ‘realm’ of England as a political entity distinct from the monarchy. It has its own rights to which the crown is ultimately responsible. This was more than just a device to protect him from accusations of treason or ‘oath-breaking’; it represents a fundamental tenet of England’s constitution, which we see put most forcibly in Magna Carta.

The second and third objections raise a significant constitutional issue. The key question is whether the Act of 1406, which gave statutory recognition to Henry IV’s title, was the final authority on the issue of succession. The lords obviously thought so, since they argued that it was of an “ authority to defeat any kind of title made to any person”. Having pointed out correctly that the only statute or entail made by any parliament in the past was the Act of 1406, York based his case on two mutually supporting grounds. First, if Henry IV’s title were valid as claimed, he would neither have needed nor wanted statutory recognition of it. Second, his own title being true according to God’s law and natural law was imperishable, even though it had not been asserted earlier. Henry’s title, however, was pretense and in passing the statute, parliament had recognized a title that Henry was not entitled to. The Inheritance Act of 1406 was, therefore, ultra vires. From a constitutional perspective, this was an important development; the theory of a parliamentary title was being subordinated to a theory that God’s law of inheritance determined the succession. York was not impugning the authority of statutes generally; he was simply saying that even though a statute (or an entail) might be binding in normal circumstances, it could not stand against his divine right of inheritance[7].

On the fourth objection that York did not wear the livery of his ancestor Lionel, his answer was predictable. The fact that he didn’t wear that livery did not mean he was not entitled to. He did not wear it for the same reason he had forborn from claiming the crown earlier, and which reason was well known.

The last objection was that Henry took the throne as the rightful heir to Henry III and not as conqueror[8]. York rejected this objection outright. It is simply not true, he said, that Henry IV was the lawful heir to Henry III “…and the opposite, which is the truth shall be readily enough shown, proved and justified by adequate authority and as a matter of record”. He added that Henry’s words were fraudulent and meant to disguise his “…violent and unlawful usurpation” from the people.

The Act of Accord

The Official account of the lords’ “sad and ripe communicacion in this matere[9] is brief but illuminating. The tension at Westminster is palpable. Under pressure from York to bring the matter to a rapid conclusion, the Chancellor seems on the verge of panic. He is desperate for a result that will reconcile York’s ‘unbeatable’ title with the lords corporate obligation to protect the common weal of the realm, their personal duty to king Henry and their consciences. The Chancellor proposed that Henry should retain the crown during his lifetime and when he dies, York should succeed him. It is, the Chancellor suggests, a resolution that avoids the trouble that might ensue, saves the king’s honour, preserves his dignity and estate, and may appease the duke of York — if he agrees! It also means the lords will not have broken the oaths they swore to the king at Coventry. The Chancellors plaintive call for anybody with a better idea to come forward is testament to his despair; as also, is his plea that the lords should stand by him when he explains the situation to the king. For want of something better, the lords readily agree to this outcome.

In truth, there was no appetite to depose a crowned and anointed king who had reigned for thirty-eight years, no matter how grave were his faults[10]. Although the lords sympathized with York’s predicament, they regarded his claim as inopportune. Notwithstanding the legality of his title, he was unable to overcome fifteenth century realpolitik. It was further confirmation that the succession was a political and not a legal process. For the lords the overriding consideration was to preserve the peace of the realm. It is a consideration that ordinarily would protect them from accusations of inconsistency and bad faith; however, in reality they were simply evading the issue and not solving the problem. Only the complete destruction of the Queen’s party or the Yorkists had any hope of procuring an effective peace. Furthermore, the disinheritance of the Prince of Wales guaranteed the continuance of war.

The historical opinion of York’s behaviour is unforgiving. At the time, the Lancastrians depicted him as a hypocrite whose claim to the crown was based on personal ambition and not on the common interest. Many modern historians endorse that view and it is easy to understand why. He swore at least two oaths of allegiance to the king and one of allegiance and obedience, and he made numerous declarations of his loyalty; yet in the end, he tried to depose Henry. York’s integrity can only be defended by examining his motives, which is outside my scope. Therefore, I will not comment on these accusations save to add a health warning. Most, if not all, of this opinion is derived from Lancastrian propaganda. The Yorkist counter-claims are clearly set out in the many political manifestos they produced during the 1450’s. These contained Yorkist propaganda for sure, but a balanced view of what was happening is only possible by considering both sides of the argument.

That said, I do believe that York’s action in accepting the Act of Accord, and his motive for so doing have been misconstrued by some historians. Parliament, it seems, is absolved from acting inconsistently or in bad faith because they moved to preserve the peace; whereas York is denounced for doing the same thing.[11] It is a strange judgment that simultaneously acquits the lords and convicts York for keeping the peace.

He had “taken the moral high ground and promptly compromised” writes John Watts, adding that “under the terms of his own argument, Duke Richard could not bind himself to the deferment of his right during Henry’s lifetime: any oath to do so would be contrary to God’s law and hence null and void.” The professor adds with a flourish “what true king would agree to be subject to a usurper?[12] The notion that York was prevented from accepting the Act of Accord since, on his own argument, it was untruthful and contrary to God’s law, is a shallow one. It ignores the reality of York’s situation and does his argument on the matter of oaths a disservice. The succession cannot be considered in the vacuum of religious doctrine, moral rectitude or personal right. It is, I repeat, a political process, not a legal or religious one. From York’s perspective, this action had been forced on him by constitutional system that made it impossible for him to protest against the excesses of a corrupt and incompetent Lancastrian regime and the breakdown in law and order, without committing treason. York’s cause of action had never been against the king, but against those household servant and royal favourites who abrogated royal authority.

For ten years York championed the cause of good governance in the common interest but he had achieved nothing, other than a reputation as an incorrigible rebel. This was the opportunity to put both the will and the means for good governance in one person. There is no discord between his argument on oaths and his acceptance of a compromise. Whilst the Act of Accord fell short of his objective, it commanded the most support and was self evidently in the common interest. It would indeed have been contrary to God’s law for York to insist on the strict letter of his right at this time and against the wishes of the English lords. He realized he lacked the broad spectrum of support necessary to depose Henry. The change from being the king’s true liegeman to wanting to replace him was too much too soon even for many of York’s supporters. The fact that this desire for a peaceful outcome was futile is neither here nor there from York’s perspective. Since he could do nothing to guarantee the pacification of Lancastrian dissidence, he could at least ensure his own good intentions.

Ultimately, York’s challenge ended in failure. A successful strategy depended on speed and surprise ‘…a speedy coronation; the swift removal of Henry…’[13] Once York was forced to claim the throne rather than seize it, his enemies had time to concert their opposition to him. However, by establishing the superiority of his title over the Lancastrians, York paved the way for his son Edward to seize the throne in 1461.

[1] See Richard 3rd duke of York (2) ‘The king’s true liegeman’ – 10 February 2015; and (3) ‘The man who would be king’ 8 March 2015 https://murreyandblue.wordpress.com/

[2] Chris Given-Wilson (Ed) – The Parliamentary Rolls of Medieval England (Boydell Press 2005): Anne Curry and Rosemary Horrox (Eds) Volume 12 pp. 509-510 (introduction) and 516 to 521 (PROME). York claimed the throne on the 10 October 1460. His written petition to parliament was read aloud on the 16 October 1460. It was the petition that the Lords spiritual and temporal were considering.

[3] Nicholas Cox and John Cox – The Crowland Chronicle Continuations (Richard III and Yorkist History Trust 1986) p111.

[4] James Gairdner- Three Fifteenth Century Chronicles (The Camden Society 1880) pp.170-71; the full title of the ‘Latin chronicle’ is ‘Compilatio de gestus Britonum et Anglorum’ (MS Arundel 5 College of Arms).

[5] PROME Vol 12, ibid: see also Margaret Lucille Kekewich et al (eds.) – The Politics of Fifteenth Century England: John Vale’s Book (Allan Sutton Publishing 1995) p 195 (ff.130v–134/111v–115. The title and claim of the crown by Richard duke of York in the 39th year of king Henry VI))

[6] PROME Vol 12, ibid; the lords spiritual and temporal were commanded to find “…the strongest objections to defend the king’s right and title and to defeat the title and claim of the said duke of York.”

[7] SB Chrimes – English Constitutional Ideas in the 15th Century (Cambridge 1936) pp.27-30. This paragraph is based on Professor Chrimes’ lucid and succinct explanation, which has stood the test of time.

[8] The lords were wrong; Henry also claimed the throne as conqueror.

[9] PROME Vol 12; ibid

[10] Unlike, the deposition of Edward II, and the deposition of Richard II, there was no case against Henry VI of willful incompetence or tyranny. In fact he seems to have been a good, almost saintly, man personally. A regency government could have adequately managed during his periodic spells of mental infirmity.

[11] PROME, Vol 12 p 524. It is quite clear from the Parliamentary Roll that York accepted the compromise to preserve the peace.

[12] John Watts – Polemic and Politics in the 1450’s; Margaret Lucille Kekewich et al (Eds) – The Politics of Fifteenth Century England: John Vale’s Book (Allan Sutton Publishing 1995) at page 34; see also P A Johnson – Duke Richard of York 1411-1460 (Oxford1991 corrected edition) pp. 212-219.

[13] Watts at p35.

Why did lovers come to celebrate St Valentine’s Day….?

image3

 

How did St Valentine become the patron saint of lovers? The answer to that is the stuff of legends. One story has it that he was a peaceful man, as well as a great peacemaker, and while tending the roses in his garden, he heard a couple quarrelling violently. He cut a rose and went to mediate between them. When he gave them the rose, their love for each other returned.

lupercalia2

Another story is that he was chosen to be the patron saint of lovers because his day is close to the pagan feast of Lupercalia, a Roman festival of fertility. One thing is certain, by the time of Richard III, the giving of loving kisses and gifts was in full swing.

chaucer-reading

Ford Madox Brown, 1845-1851

I think we should credit Geoffrey Chaucer with a large part in the promoting 14th February as ‘St Valentine’s Day’ as the ‘day of love’. There is a widespread tradition that on St Valentine’s Day all the birds chose their mates. “…for this was on St Valentine’s Day, when every fowl cometh there to choose his mate.”

parliament-of-birds_de-hamelton

The Parliament of Birds by Carl Wilhelm de Hamilton (1668-1754)

Chaucer wrote a poem to celebrate the occasion, and called it ‘The Parlement of Foules’, or ‘Parliament of Fowls’. It was meant to be read out on St Valentine’s Day, and is believed to date from the year fifteen-year-old Richard II married Anne of Bohemia, also fifteen. Maybe it was written for the royal couple.

220px-richard2_anna-coronation

The illustration above is of Richard and Anne’s coronation – he seems a little old for fifteen!

dante-gabriel-rosetti-as-chaucer-reading-a-book

Dante Gabriel Rossetti as Geoffrey Chaucer reading.

Whatever the truth, Chaucer created a symbol of spring love, with birds singing and twittering joyfully. Quarrelling too, with the royal and aristocratic birds of prey lording it over lesser birds. A full translation can be read at http://www.poetryintranslation.com/PITBR/English/Fowls.htm

danish-love-poems

Danish love poems for Valentine’s Day

To know how medieval lovers celebrated St Valentine’s Day, look at http://uk.businessinsider.com/medieval-valentines-day-celebrations-2016-2?r=US&IR=T.

court-of-love

And to learn of ten great royal romances of the medieval period, try https://e-royalty.com/articles/the-ten-great-medieval-royal-romances/

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Edward IV and Elizabeth Woodville

The oldest existing medieval Valentine love letter, from teenaged Margery Brews to John Paston, is revealed at http://www.historytoday.com/rachel-moss/medieval-valentine (and it is included in a very informative and interesting article about medieval Valentines by Professor Sarah Peverley at https://sarahpeverley.com/tag/medieval-valentine/

pastonletter-wl

And finally, if you fancy something light-hearted and a little silly, go to https://murreyandblue.wordpress.com/?s=right+royal

a-right-romantic-royal-reunion

 

Not a book to be taken seriously….

King Edward IV

Would you like a few sniggers and outright guffaws? Yes? Then I have just the book for you—Lives of England’s Monarchs by H. E. Lehman. I was searching for something specific, and for some reason Google took me first to page 182…

“…Edward [IV] was a large man possessed of great leadership ability and personal charm. But in many ways he lacked foresight, and was impulsive to his own hurt. He alienated many of his strongest supporters by seducing their wives. In Edward’s behalf, it should be added that, in those cases, it was the husbands, not the wives, who complained most strenuously…”

He alienated many of his strongest supporters by seducing their wives???? Where have I been? This is the first I’ve heard of these mass seductions and furious husbands. Does anyone know any more?

And from page 181 of the same book…

“…Edward’s youngest brother, Richard, Duke of Gloucester (later Richard III) was always loyal. King Edward trusted and made Richard vice-regent for all the northern provinces of England. In reward for his loyalty, Edward gave Anne Neville, Countess of Northumberland, to Richard as his bride. (If that name sounds familiar, it is because she is the same Anne Neville, who briefly, was married to Queen Margaret’s Edward, Prince of Wales, near the end of Henry VI’s tragic reign.) Richard defended England against Scottish invasion, and secured the northland throughout Edward’s reign…”

Countess of Northumberland? Wouldn’t Harry Percy have noticed when his wife turned up as Richard’s queen? Was that the reason for Percy’s ill attendance at Bosworth? Oh, and the author also declares that Warwick Castle was in Northumbria.

saucy-lady

More from page 181…

“…Fourteen year old Henry Tudor (later Henry VII) was a trouble-maker in Northumberland, but bastardy in both his parent’s lines of descent (i.e. bastard Tudor and bastard Beaufort) made his royal connections seem too remote ever to be a real threat to the Yorkist line…Even so, just to be on the safe side, Edward exiled him from England. Henry Tudor went to live with his paternal uncle, Jasper Tudor, in Brittany, France…”

King Henry VII

Edward exiled him? Then spent years and year trying to lure him back? I think not! Edward would have grabbed the little varmint there and then, no messing about. (Oh, if ONLY!)And Brittany wasn’t in France at that point. You couldn’t make it up. Well, H.E. Lehman has, clearly.

For more entertainment, you should look at the book itself. http://tinyurl.com/hchylqp. If the link doesn’t work, Lives of England’s Monarchs by H. E. Lehman is available in Google books.

 

A Tale of Three Mistresses – Mangled by More

mistress(from http://www.annettecarson.co.uk)

Our primary source of gossip about Edward IV’s mistresses is attributable to the pen of Thomas More (1478–1535), knight and latterly saint. While writing about Richard III, More found space for a lengthy diversion into the career of ‘Mistress Shore’, perhaps Edward’s most notorious extra-marital concubine, about whose present and past conditions the writer claimed much knowledge. Unfortunately it appears he never thought to consult the lady on the accuracy of what he wrote, strewn as it is with avoidable errors of fact.1 This article will refer to her by her proper name, Elizabeth Lambert. Her brief marriage to the London mercer William Shore was annulled in 1476 on grounds of non-consummation. And although she is almost always referred to as ‘Jane’, this forename was given her arbitrarily in the two-part True Tragedy of Edward IV (written around 1600 by Thomas Heywood), the writer being clearly ignorant of her proper Christian name and being concerned, like More, only with her notoriety. The prominence of his ‘Jane’ character may have led to the play afterwards being referred to as Jane Shore.2

Despite the high esteem in which More is held by historians, he was clearly too young to have had personal knowledge of reigns earlier than the Tudor period, and his family’s history reveals no intimacy with fifteenth-century royalty; whatever he wrote about them can only have been hearsay. Moreover, in the opinions of leading literary scholars Thomas More’s dissertation on Richard III was conceived and executed as a bravura exercise in satirical drama to which the facts of history had no particular relevance. Nevertheless, More’s reference to Edward and his ‘three mistresses’ is continually retold as if he had a direct line to the full facts. The relevant passage occurs after he has devoted several pages to Elizabeth Lambert:

“The king would say that he had three concubines, which in three diverse properties diversely excelled: one the merriest, another the wiliest, the third the holiest harlot in his realm, as one whom no man could get out of church lightly to any place but it were to his bed. The other two were somewhat greater personages, and nevertheless of their humility content to be nameless and to forbear the praise of those properties. But the merriest was this Shore’s wife, in whom the king therefore took special pleasure. For many he had, but her he loved …” (etc.).

That the king had three concubines is almost certainly an understatement, but More helpfully gives the name of one other as ‘Dame Lucy’. She appears in More’s questionable version of an incident from as far back as 1464 which seems to have become an urban myth. The original surviving record of this incident was related by the Italian Dominic Mancini in 1483 after visiting England for a few months: even so, nearly twenty years after the event itself.

Mancini’s story tells of how Edward IV’s mother Cecily, Duchess of York, was so scandalized by the king’s secret marriage to the widowed commoner Elizabeth Woodville, who became his queen, that she vowed the Duke of York was not the father of this disgraceful son. As the story ran in Mancini’s day, the duchess insisted she would voluntarily testify that Edward IV was no son of York.3 Mancini had been asked to write down, for the benefit of the French royal court, all that he had discovered about Richard III’s dramatic accession to the throne – which he admitted was little enough – so he was given to embellishing his narrative with extraneous details which we now know contained inaccuracies. Although we can accept it was probably based on a kernel of truth, we need to bear two things in mind: first, he may have been given a highly coloured account of some considerably less dramatic reality; and second, it suited him to disparage English royalty for his French readers and hence, like many writers of history before and since, he tended to exaggerate for effect. We have no idea how many tongues had embroidered the story between 1464 and 1483, so the wisest course is to reduce it to its essence: the duchess flew into a fury and went so far as to threaten some kind of legal challenge.

Edward IV’s affairs with women subsequently embroiled all England in a crisis, when it was discovered after his death and later confirmed by Parliament that his marriage to Elizabeth Woodville was not his first such secret wedding. Some years earlier he had secretly married Lady Eleanor Talbot, daughter of the Earl of Shrewsbury. Briefly summarized, under the laws of the Church this meant that Lady Eleanor was still his wife when he secretly and bigamously married Elizabeth, and this combination of illicit actions rendered the children of his Woodville marriage illegitimate. The government of the day elected to offer the crown to Richard III as the senior qualified heir.4

Such high matters of state, of Parliament and of canon law were scarcely understood by the majority of Englishmen, and moreover they impugned the honour and dignity of the late king and his abandoned first wife; doubtless they were spoken of in hushed tones by those in the know. Thus the name of the long-deceased Lady Eleanor became consigned to obscurity. England soon had greater concerns when the pretender Henry Tudor revealed his designs on the English crown, eventually mounting a successful invasion under the patronage of France in 1485 when against all probability King Richard was killed. Since the new king had to devise some believable grounds for his invasion and some legitimate reason for aspiring to the throne, he declared Richard’s accession unlawful. He repealed the Act of Parliament which had set out Richard’s right to succeed, insisting it be repealed unread and every copy destroyed. His aim was to remove from history what was probably the only official government document that articulated Richard’s legitimacy as king, together with the grounds for setting aside Edward IV’s offspring owing to their father’s prior marriage (in legal terminology ‘precontract’) to Eleanor Talbot.5 Since Henry planned to appease Yorkist partisans by marrying Edward IV’s eldest daughter, this process was vital to removing public knowledge of her illegitimacy.

A century would pass before records began to be found which revealed the truth, but by then Richard III was indelibly cast as a usurper in the national consciousness. It was with this certainty that Thomas More embarked upon his literary polemic for which he chose Richard III as his exemplar of tyranny. This was more than fifty years after the Woodville marriage that caused Cecily so much wrath, and more than thirty years after Mancini wrote his tale of her angry outburst. Incidentally, we need not believe she ever volunteered to swear publicly to her own adultery! It is not difficult to conceive of at least one possible legal challenge she might have considered bringing against the match … but in all probability her real grounds of objection never formed part of the story picked up by Mancini. Nevertheless he would have been aware of a certain malicious calumny Louis XI delighted in putting about, that Edward IV was the bastard son of an archer named Blaybourne, so maybe it was Mancini who supplied this extra flourish knowing it would appeal to his readers.

If we turn to what More says about the same incident, we find that after three decades of Tudor rule the story has vastly changed. It is still recognizably a version of Mancini’s tale of the duchess raging and threatening to resort to law. But what makes this new version interesting is that it conflates some vestige of recollection that a precontract to an earlier wife was involved. Perhaps it had been thought politically advisable to incorporate this persistent memory into the well-known tale of ‘Proud Cis’ and her rage against her son, at the same time using it to repudiate that there ever was anything untoward about his Woodville marriage. It takes up a lot of space in More’s Richard III, with plenty of dialogue to and fro between mother and son debating her objections. At last, and as a ‘pretext’ says More, plainly undermining the integrity of the duchess’s final argument, she protests that Edward ought instead to marry ‘one Dame Elizabeth Lucy, whom the king had also not long before gotten with child’ making him in consequence ‘her husband before God’. So this ‘Elizabeth Lucy’ is duly called and ‘solemnly sworn’, says More. This portion of his tale obviously echoes the ‘public enquiry’ mentioned in the earlier Mancini version, only this time it is Dame Lucy who is subjected to examination and denies the precontract which Cecily is trying to foist on her son.6 With our current knowledge we can see this as a transparent ruse to discredit the existence of Edward’s genuine precontract with Eleanor Talbot. But thanks to More its effect is fully achieved: he declares it proves the falsity of the charges made in 1483 against Edward’s marriage.

There is another feature that also shows this to be a manufactured story: the incident supposedly occurs before Edward’s marriage to Elizabeth Woodville, with Cecily trying to prevent it. The Mancini version correctly places Cecily’s outburst after their marriage, which famously took place in secret and remained totally unknown for several months. More is so much deceived as to write that the king’s marriage to Elizabeth Woodville was celebrated ‘with great feast and honourable solemnity’!

It has been important to emphasize how very little Thomas More really knew about the women in Edward IV’s life, because our next step demonstrates how thoroughly his stories have misled historians and commentators.7 Dispensations to marry granted by the Church are extremely helpful in establishing genealogies, and a recent article by Marie Barnfield and Stephen Lark cites one that adds new information to what was previously known, deduced or assumed about some of Edward IV’s mistresses and children.8

One of the king’s most well-known bastards was Arthur, later Viscount Lisle, hitherto almost universally believed to have been fathered on ‘Elizabeth Lucy’. However, references to Dame Lucy place her and her child in Edward’s life prior to his Woodville marriage. Whereas what is known of Arthur Plantagenet’s life and career is scarcely compatible with a birth date before mid-1464.9

If we seek an alternative identity for Dame Lucy’s child we find a much better candidate in a bastard daughter attributed to Edward hitherto known as Elizabeth, later Lady Lumley, thought to have been born in the 1460s. It has now been established that this child’s Christian name was not Elizabeth (as erroneously claimed in a herald’s visitation of 1530) but Margaret (in a grant dated 1479 where she is identified as the wife of Thomas, later Lord Lumley). Further genealogical research supports this identification.

These indications about the daughter have opened up more opportunities to identify her putative mother. The problems in pinning down information about Dame Lucy have always been compounded by assumptions about her. Copious evidence exists that Arthur, Lord Lisle, was certainly connected with the Wayte family, therefore he was known as a Wayte and it was assumed his mother was too. On the general presumption that his mother was Dame Lucy, she was automatically assigned the maiden name of Wayte. For example, this was propounded by Sir George Buck who described her as ‘the daughter of one Wayte of Southampton, a mean gentleman, if he were one. And she was the wife of one Lucy, as mean a man as Wayte. … And she was the mother of the bastard Arturus.’10 Arthur Plantagenet had verifiable links with the Waytes of Segenworth, near Southampton, but genealogical records cannot reconcile Dame Lucy as a member of the Wayte family at all, nor is there any evidence of any Wayte family member having links with a family named Lucy or even mentioning the name Lucy in correspondence. Which again strongly suggests that Arthur was not born to a mother surnamed Lucy.

It now appears that Dame Lucy may ALSO have been a Margaret misnamed Elizabeth! Her correct maiden name, if so, was Margaret FitzLewis, and she was the young widow of Sir William Lucy of Dallington and Richards Castle (d. 1460). This would fit with the child she bore Edward being not his bastard son Arthur but his bastard daughter Margaret, later Lady Lumley, born in the 1460s some time before Margaret FitzLewis’s own death in 1466. Contrary to Buck, the title ‘Dame’ Lucy suggests her husband was a knight or baronet, not a mean man.11 Other than Sir William Lucy of Dallington there existed one other knighted Lucy at that time, viz. Sir William Lucy of Charlcote (d. 1466). This Sir William Lucy certainly did marry an Elizabeth, but she was Elizabeth Percy who died in 1455; he remarried and was survived by a widow, but her name was Agnes.

It is impossible to be certain, of course, but the result of all this would suggest two distinct ladies who were erroneously conflated:

* Edward IV’s early mistress before his Woodville marriage. Dame Lucy, née Margaret FitzLewis (misnamed Elizabeth), daughter of Sir Lewis John (or John Lewis) of Welsh parentage, and widow of Sir William Lucy. Her probable liaison with Edward would have occurred after her husband’s death in 1460, resulting in a daughter Margaret Plantagenet in the early 1460s (also misnamed Elizabeth) who married Sir Thomas Lumley (c. 1458–1487).

* Edward’s later mistress during his Woodville marriage. She was a Wayte, probably a Wayte of Segenworth, and gave birth to Edward’s bastard son Arthur Plantagenet (who jousted with the young Henry VIII in 1510, married for the first time in 1511, was created Viscount Lisle in 1523, and died in 1542). It has been suggested that her father was a Thomas Wayte of Hampshire (d. 1482), but as far as we know Thomas died without legitimate issue (he left one bastard daughter, Alice); if he had any other children they must have predeceased him without legitimate issue of their own. Several other factors in the research by Barnfield and Lark also militate against Thomas as her father, including the obscurity of his family and its extreme southern location.

This leaves just one more mistress of whose existence we know, namely Elizabeth Lambert, married name Shore, misnamed Jane. She was current at the time of the king’s death but no offspring have been directly attributed to her. It is not impossible that Thomas More, sufficiently taken with this lady to devote several pages to her, may well have superimposed her name of Elizabeth on the ‘Dame Lucy’ of his false precontract story. Misled by his reputation as some kind of authority on fifteenth-century royalty, writers of history duly copied him unthinkingly.

Doubtless other mistresses existed, and indeed other bastards. But the purpose of this essay is not to rehearse the tedious details of Edward IV’s amours – nor yet to claim knowledge of precisely who they were – it is simply to demonstrate how easy it was (and is) for history to be misrepresented by placing uncritical faith in false prophets.

NOTES

1. He failed even to verify the full name of her later lover William Hastings, whose gifts to her became the subject of a court case reported by The Great Chronicle.

2. Appreciation to Dr A.N. Kincaid for this information.

3. Mancini, ed. C.A.J. Armstrong, De Occupatione Regni Anglie per Riccardum Tercium, Gloucester 1989, pp. 60–62: ‘Even his mother fell into such a frenzy that she offered to submit to a public enquiry, asserting that Edward was not the offspring of her husband the Duke of York but was conceived in adultery and therefore in no wise worthy of the honour of kingship.’

4. This matter is fully covered in Carson, Richard III: The Maligned King, Stroud, 2013, pp. 75–88.

5. Nor (perhaps unsurprisingly) has any official record survived of the deliberations of the King’s Council during that crucial succession crisis of 1483 when Edward IV’s bigamy and the illegitimacy of his children were debated.

6. More pp. 63–67.

7. Clearly More knew nothing of Lady Eleanor Talbot (married name Butler), pace R.S. Sylvester who supposed Eleanor was one of the ‘three mistresses’ More referred to; we now see Sylvester was also probably wrong in stating definitively that Dame Lucy was the mother of Arthur Plantagenet: The History of King Richard III, Yale University Press 1976, p. 57 fn. 3 and p. 65 fn. 2.

8. ‘The Paternity of Lady Lumley: Some New Evidence’, The Ricardian, Vol. XXVI, June 2016, pp. 113–20. Readers are referred to that article and its footnotes for sources of the information summarized here.

9. David Grummitt’ (ODNB) offers a birth date ‘before 1472’ but this is based on a reference in royal household accounts to ‘my Lord the Bastard’, unidentified, which may refer to some other person; a suggested birth date of 1462-1464 is rightly discounted as too early to be compatible with the known events of his life and career. Grummitt states without comment that ‘most authorities’ identify his mother as Elizabeth Lucy, ‘probably the daughter of Thomas Waite of Hampshire’.

10. Buck did know the truth that the lady of the precontract was Eleanor Talbot and realized that the alleged precontract with Dame Lucy was false; but he accepted Thomas More’s claim that Dame Lucy was Arthur’s mother: Sir George Buck, The History of King Richard the Third, ed. A.N. Kincaid, Gloucester, 1979, pp. 181–2. It is not correct that he named her as Lady Lumley’s mother.

11. And More in his Latin text states that she came from a noble family.

What is a Wapentake?

English counties were divided into smaller administrative units. Normally, these are called ‘Hundreds’ but in the former Danelaw, they are called ‘Wapentakes’.

It is thought the name comes from the ancient practice of brandishing weapons to signal assent.

If a wapentake was in crown hands the sheriff would hold his ‘tourn’ there at intervals, usually twice a year, to receive indictments against all those who needed to be tried by royal judges and ensure those indicted were in custody.

If the wapentake was in private hands (as many were) the lord (or lady) could either allow the sheriff to hold a tourn, or alternatively organise a similar process under his own authority. Writs from the King would go to the lord of such a wapentake, instead of, as normal, to the sheriff.

In  some cases (not all) the lord could appoint the coroner and even hang felons.

It was a very complex system, and much depended on what rights had been ceded to the lord, often in the distant past.

Richard, the man in blue and ermine….

edward-iv-book

The above illustration is of Edward IV receiving a book from Anthony Woodville. With the king are his queen, Elizabeth Woodville, and his heir, the future Edward V.

Looking at it, I found myself wondering if the man in blue and ermine, third from left, might be Richard III. As Duke of Gloucester, of course. Ermine suggests he has to be of royal blood, which means that it could also be George of Clarence. My search for the answer commenced.

To begin with, when was the illustration painted? After all, George died in 1478, so a later date would eliminate him from the puzzle. Prince Edward seems to be under ten. Seven/eight or so, perhaps? He was born in 1470, so it is still possible that the man in blue is George. Richard remains well and truly in the running, of course.

A Google image search followed, with me examining the “page” of every version of the illustration. That is how I hunted it down to being Lambeth Palace “Ms 265, f.VI v Edward IV, with Elizabeth Woodville, Edward V and Richard, Duke of Gloucester, later Richard III, from the ‘Dictes of Philosophers,’ c.1477 (vellum). It is of Earl Rivers  (Anthony Woodville 1440-1483) presenting his translation of the Dictes and Sayings of the Philosophers to the king and his family.

So, it is Richard!

richard-as-duke-of-gloucester

Now, I do not claim to be the first to discover this. Indeed not, so please don’t think I seek laurels. Not even a pat on the head. To begin with, it has already been positively identified as him. No, I am just pleased to think that I saw something and followed it through to find out I was right. Would I like to be the first to find a new anything about Richard? You bet your bottom dollar!

MEDIEVAL RING FOUND IN SHERWOOD FOREST

Recently, a metal detecting newbie had an amazing find just 20 minutes after beginning to metal detect in Sherwood Forest. He discovered a golden ring, though to be from the 14th century, which may be worth up to £70,000.

The ring, with a heavy golden band and a deep blue rectangular stone, appears to be a man’s, and has an engraved image of  a naked Christ-child and of a ‘female saint’ (the newspaper’s words–I would imagine it is the Virgin Mary.)

The find was not far from the ruins of the Palace of Clipstone, also known as King John’s Hunting Lodge, and is may have fallen from the finger of some dignitary on business at the palace. Many kings and nobles visited Clipstone, including Richard Lionheart in 1194, after his return from captivity and subsequent siege of Nottingham castle, which had been held against him by supporters of John. The King held a great council here, which included many notables including the King of Scotland. If there is any truth to the legend that Robin Hood met Richard, it would probably have been around Clipstone, as the king went hunting on his second day at the palace.

Edward I also convened Parliament in Clipstone, and it was while here that his Queen, Eleanor of Castile, began to show signs of the illness that would kill her a few days later while the royal party was on the road to Lincoln.

By the late 15th century, the palace began to become ruinous, as the king preferred to lodge elsewhere, and by 1525 it was in a very poor, abandoned state.

Sherwood, of course, also had many roads through it  so the ring could have merely been dropped by a passerby. There were also two monasteries right in the heart of the forest, Rufford and  Newstead, and several more on the periphery, as well as several small castles like the little-known Tickhill, all of which would have had visitors arriving from various directions.

Treasure hunter finds medieval ring in Robin Hood’s Sherwood Forest

 

ring

Haunted by the Headless Earl….!

headless-horseman-speedy-by-jonake920

This marvellous illustration is called Headless Horseman Speedy by Jonake920

I love a ghost story on New Year’s Eve, and so here is one to send some shivers down your back. No, it is not a sample of my fiction-writing—well, not quite—but is actually said to have happened back at the end of the 14th century.

It began on Friday, 21 September 1397, the Feast of St Matthew the Apostle and Evangelist, when Richard Fitzalan, 4th/11th Earl of Arundel, was executed at the Tower. At least, that’s when the eerie part of the tale commenced, but of course there had been events beforehand. Briefly, King Richard II was son and heir of Edward, the Black Prince, who died before his father, King Edward III. So, at the age of ten, Richard succeeded his grandfather. From the outset he was belittled and ruled by his uncles, especially John of Gaunt, Duke of Lancaster. This was all very well when Richard was a child, but as he grew up, the reins were pulled remorselessly, and he was constantly constrained by tutors, guardians…and uncles!

He began to form friendships with the young men of his class, and their extravagance—plus the dazzling titles and honours he heaped upon them—caused resentful, disapproving rumbles among the older nobles, eventually resulting in the outright opposition of five aristocrats in particular.

lords-appellant-arundel-on-left

Arundel is on the left.

They were called the Lords Appellant, and included Richard Fitzalan, Earl of Arundel, with whom Richard had never got on. They were chalk and cheese, and it has to be conceded that Arundel was tactless and could be unfeeling, such as when he arrived late at the funeral of Richard’s queen, and then asked to leave early. Much as I like Arundel, and I do, I’m on Richard’s side for thumping him one and drawing blood! Arundel was one of the wealthiest lords in the land, a gallant, hot-tempered, popular man, but he simply did not like Richard II.

The Appellants were ruthless with Richard’s friends and supporters, and much blood was shed. The shackles around Richard were tightened, and—not unreasonably—he resented it. He bore malice, and bided his time. Eventually the day came when he could reassert himself and take a bloody revenge.

The royal net closed around them, and they were eliminated one by one—including Richard’s own uncle, the Duke of Gloucester. Plus, of course, the Earl of Arundel, who did not go meekly or fearfully. He was not a man to take anything lying down. A successful admiral, whose exploits had gone down very well with the populace, Arundel was the one aristocrat the commons lauded, so when he was misled by Richard into coming to court, where he was immediately arrested for treason, the people did not like it. To them it was a shabby trick by a shabby king. An increasingly unbalanced king at that, for by this late period of his reign, Richard was undoubtedly ill in some way, mentally, not physically. Well, that is my opinion, anyway, and he has my sympathy.

But so does Arundel, who was brought before the king in a special hall that had been purpose-built at Westminster Palace. There Arundel was confronted by a court that included lords who had now formed a new set of Appellants, to appeal against the original Appellants. The charge was treason.

Richard, his long-awaited moment of revenge upon him at last, was seated in splendour on a throne, with a considerable number of his infamous Cheshire archers massed around him. Arundel was clad in scarlet robes, with a belt around his waist, and the first order from John of Gaunt, Duke of Lancaster, who led the prosecution, was to have both his robe and belt removed, to signify his disgrace.

Arundel protested that he was not a traitor, and that the king had previously granted him a full pardon for all that had gone before, but Richard now revoked it. It was a shocking and shameful  move, and what followed was a grotesque parody of the earlier court that had condemned Richard II’s friends.

richard-on-throne

But if the king thought he would intimidate Arundel, he was very much mistaken. Richard Fitzalan was the very personification of chivalrous courage, and he got the better of every verbal exchange with John of Gaunt and the king, much to their fury. I will not go into details. Suffice it that Arundel had been pardoned, and was therefore in the right. Richard, having wrongfully revoked that pardon, was in the wrong. Arundel was found guilty of treason and condemned to immediate execution.

richard-ii-and-his-archers

Richard II accompanied by his Cheshire archers

Treated cruelly by Richard’s Cheshire archers, the earl was trundled ignominiously through the streets of London toward the Tower, with crowds of people lining the way, cheering him and cursing his enemies. His hands had been bound, and he asked if they could be freed so that he could distribute the gold in his purse to the people. His bonds were loosened, but not freed. He maintained his dignified, courageous composure all the way, not showing any sign of weakness or fear. ‘…no more shrinking or changing colour than if he were going to a banquet…’

st-john-altarpiece-arundels-execution

“Sharpen well your axe,” he instructed the executioner, then knelt, ready for death. The executioner raised the axe, and….and this is when a strange and miraculous thing was said to have happened, because as the earl’s head was severed with one stroke, his body rose of its own accord and stood there. A great hush fell over the awe-struck gathering, the archers fell back, terrified, and a priest recited the Lord’s Prayer. Arundel’s blood-stained, headless body remained there, only falling when the last Amen was uttered.

“A miracle!” someone cried. Someone else shouted that Arundel was a true martyr, and the word was taken up. There was a great furore as the brutal archers scrambled to put the earl’s head and body in a rough coffin on a cart, and took it away to the Church of Augustinian Friars in Bread Street.

Arundel was laid to rest as hastily as possible, but if Richard thought that would be the end of it, he had another shock awaiting. The people began to flock to the tomb, and more miracles were said to have taken place. A cult came into being, and there were calls for the earl to be sanctified. Such were the crushes of pilgrims at the church that the friars could hardly keep control.

Then a new, even more astonishing story began to circulate…that Arundel’s head had re-attached itself to his body. This reached Richard, who was already unnerved by the public’s disapproval of what had been done to the earl. He was suffering terrifying nightmares, in which Arundel’s ghost came to berate him.

The tenth night after,  Richard woke again in a sweat, his heart pounding with dread, and could bear it no more. He had to know if the earl’s head was indeed attached again. He sent for his nephew, Thomas Holland, Duke of Surrey, and instructed him to go to the church and have the tomb opened. Holland obeyed, although with a sinking heart, because he too had heard of the miracles. He had no wish to anger the Almighty by tampering with the grave of a man who might soon be a saint.

 

exhuming-arundel

What Surrey found was that, yes, the earl’s head was re-attached to his body, but it had been sewn in place. Who would do such a thing? Who would dare? And how? For the tomb had not be tampered with. The wild claims were dashed, and Richard issued a proclamation that quashed the whole story. He hoped.

proclamation

The king was still afraid, and still beset by nightmares and visions. He ordered Arundel’s body to be removed from the tomb and buried elsewhere, anonymously, beneath paving. No one knew where Richard Fitzalan had been finally laid to rest. Gradually the adulation subsided, although no one forgot the gallant Earl of Arundel. Least of all Richard II, who remained haunted by him until the day he died. Which was sooner than his expected span, because two years later Richard’s throne was usurped by his Lancastrian cousin, son of the by then dead John of Gaunt. Richard himself died mysteriously at Pontefract Castle and his body was brought south to London.

richard2funeral3

The usurping cousin, Henry Bolingbroke, the new Duke of Lancaster, had been one of the original five Appellants but survived to tell the tale. While Gaunt still lived, Richard did not dare to do too much to Gaunt’s son and heir, but the moment the old duke died, Richard banished Henry and seized the immense Lancastrian estates. Henry came back to England with an army, and Richard was captured without much trouble. Henry then “obliged” Richard to hand over the crown before being imprisoned at Pontefract. Henry then became became King Henry IV, the first monarch of the House of Lancaster.

coronation-henry-iv

(viscountessw: No, I do not necessarily accept that anything supernatural really happened when Arundel was beheaded, but it was widely believed at the time. And if it did happen, what a heart-stopping sight it must have been. Small wonder that a cult grew around the miraculous and popular Richard Fitzalan, 4th/11th Earl of Arundel.)

 

 

 

 

LORD OF THE NORTH

Richard duke of Gloucester: courage, loyalty, lordship and law[1]

 

“ Men and kings must be judged in the testing moments of their lives Courage is rightly esteemed the first of human qualities because, as has been said, it is the quality that guarantees all others.”

(Winston Churchill 1931)

 

Introduction

I do not suppose there are many men who in their heart-of-hearts would not rather be thought of as brave than by any other virtue ascribed to them. For medieval kings courage was not simply a virtue, it was the virtue: the physical courage to defend their throne was a prerequisite for a successful king, though not necessarily for a good one. As Field Marshall Lord Slim was apt to point out to young officer cadets at RMA Sandhurst, “It is possible to be both brave and bad, however, you can’t be good without being brave”. Slim was making the point that it needed more than battlefield courage to be a good man. Physical courage is important, especially to kings and soldiers, but it doesn’t guarantee a ‘good man’; to be a good man, one also needs moral courage. It was the possession of physical and moral courage, which Churchill believed guaranteed all the other human virtues.

 

King Richard III was a courageous soldier; even his enemies acknowledge that. However, the question is: was he also good man? Broadly speaking, the judgement of history is that he was at best deeply disturbed and at worst malevolent. It is a judgement based largely on the heinous crimes he is supposed to have committed during a six months period in 1483: the usurpation of the throne and the murders of king Edward’s male heirs. Although Richard is said to have committed or been complicit in many other serious crimes, I think it is fair to say that most historians accept that those allegations are not proven, and in one particular case (the death of Henry VI) it may have been more a question of raison d’état.

 

The trouble with this historical judgement is that it contradicts what Richard’s contemporaries said about him in 1483. Dominic Mancini an Italian priest visiting London during 1482/83 recorded what he was told about Richard duke of Gloucester. He is referring to the period after the duke of Clarence’s execution: “…he (Richard) came very rarely to court. He kept himself within his own lands and set out to acquire the loyalty of his people through favours and justice. The good reputation of his private life and public activities powerfully attracted the esteem of strangers. Such was his renown in warfare that whenever a difficult and dangerous policy had to be undertaken, it would be entrusted to his discretion and generalship. By these arts Richard acquired the favour of the people and avoided the jealousy of the queen from whom he lived far apart.[2]

 

Mancini’s testimonial also highlights the incongruity of Richard’s supposed crimes. The contrast between his blameless contemporary reputation and his purported crimes (particularly those after April 1483) perplexes historians; it is a dichotomy they struggle to explain.[3] Most of his critics rationalize it with a good dose of twentieth century cynicism: his good works are disingenuous and his mistakes are evidence of bad character. It is a constant theme of his harshest biographers that his ‘loyalty’ to Edward was feigned; that he was in reality a wicked and ruthless opportunist who was motivated by avarice and ambition. When the chance came, he used his great power — which he had either tricked or bullied from Edward — to usurp the throne and destroy the Yorkist line. It was the Yorkist doom that Edward whether purposely or inadvertently made his brother the most dangerous and the ‘mightiest of over-mighty subjects’.[4] This is, I believe a false and misleading argument, since it rests entirely on their interpretation of chronicles and later Tudor histories that are themselves controversial and of little probative value, being neither contemporary nor impartial. Furthermore, Anne Sutton makes a compelling case for the morality, if not the purity, of Gloucester’s motives, which stands against this modern cynicism.[5] Richard was an extra ordinarily complex human being. We know now that he faced some challenging physical problems and possibly some equally challenging psychological issues.[6] Furthermore, he lived in uncertain times. The circumstances under which he served the king were complex as were the difficulties he had to overcome. Problems of historical interpretation most frequently arise from misguided attempts to simplify his story by overemphasising some facets at the expense of others.[7] It is a defect in Ricardian historiography that cannot be corrected in this article; however, I hope to at least draw attention to the problem as I see it.

 

Inevitably, Richard duke of Gloucester’ was not universally popular: how could he be? His ‘dramatic intrusion into northern society’,[8] coupled with a monopoly of the public offices and the lion’s share of the Neville estates, was bound to ruffle the feathers of those northern magnates and prelates who resented the fact that the king’s largess had not fallen to them, and whose authority and independence were undermined by the presence of an assertive royal duke in northern society. Henry Percy earl of Northumberland, Thomas Lord Stanley and Laurence Booth bishop of Durham disliked him, to name but three: doubtless there were others. Neither do I ignore the possibility that Gloucester possessed human failings typical of active young men throughout the ages; he might have been a little headstrong and impetuous; he was probably also ambitious and possibly even acquisitive. However, these characteristics were no more nor less present in the duke than in any other fifteenth century magnate: certainly not any more than in Henry Percy or the Stanley brothers or any of the Woodvilles, or Margaret Beaufort, John Morton and Henry Tudor; nor indeed was he any more ambitious than any professional historian who aims to do well in his or her chosen discipline. Impetuosity and ambition are not crimes, nor is acquisitiveness. But if he was truly wicked and ruthless and cruel, then nobody who knew him said so at the time. There is a clear distinction to be made between the provenances and the probity of these opposite views of Richard’s character, which affect the weight we should give to each when making a judgement. The favourable opinions were almost all written during his lifetime by northerners who knew him. The unfavourable ones were almost all written after his death by southerners who did not know him personally. Horace Walpole identified the basic problem nearly three hundred years after Richard’s death: “Though he may well have been execrable, as we are told he was, we have little or no reason to suppose he was.[9]

 

It is a matter of historical record that, apart from the last two years, when he was king, Richard duke of Gloucester spent his entire adult life in the king’s service as ‘Lord of the North’. Quite what this meant for him and why it happened are less well appreciated. The term ‘Lord of the North’ embraced not only the duke’s inherited lands in the north and his associated responsibilities as a royal duke and a great magnate, but also a number of official offices held by him concurrently from 1469 until his own coronation in 1483. He was the Lord High Constable of England (1469), Warden of the West March ‘towards Scotland’ (1470), Chief Steward of the Duchy of Lancaster (1471) Keeper of the Forests Beyond Trent and Steward of Ripon (1472) Sheriff of Cumberland (1475) and finally the King’s Lieutenant General of the North (1480 and 1482).[10] The consolidation of Gloucester’s inherited and appointed power was not gratuitous royal patronage. His promotions were acts of calculated policy by Edward. Having twice experienced the threat posed to the crown by the Scots and by his own ‘over mighty subjects’ in the north, Edward determined neutralize those threats by maintaining a truce with James III, and by securing the loyalty of his northern subjects. He wanted Gloucester to lead that vital task for the crown. It was no sinecure but a dirty, difficult and dangerous job, and his responsibility was great, since he was to be Edward’s mainstay in northern England.[11] Gloucester was the ideal man to implement that policy: he was brave, able and devotedly loyalty to Edward. Neither should it be forgotten that if Gloucester succeeded in stabilising the north, it would enable Edward to pursue his regal ambition in France. It is also worth noting, even at this stage, that Gloucester performed his duties so well that he set the standard of excellence for the governance of the north well into the sixteenth century.[12]

 

For all that, we should not exaggerate the scope of his powers or the impact of his achievements. First and foremost, he was only the instrument of his brother’s will. He could not make policy: Edward did that. Furthermore, his powers were constrained by feudal laws, liberties and customs. As a March Warden his military authority was limited to the West March. He did, however, have judicial powers in the West March and in his lands elsewhere by virtue of the king’s special commission as Justice of the Peace ‘es parties des north’. As Dr Rachel Reid points out, although the wardship of the West March was a necessary adjunct to the government of the north, ‘the sign and seal’ of Gloucester’s authority so to speak, and although his commission as a JP empowered him to act in civil and criminal matters, his greatest strength was the authority, power and influence he derived from being the greatest magnate in the region.[13] Gloucester’s estates and official offices gave him unparalleled influence and authority in the north, with the exception of those feudalities wherein the earl of Northumberland was lord; that is to say, in Northumberland and the East Riding of Yorkshire[14]

 

The northern ‘problem’ in retrospect

In the fifteenth century, the northern most counties of Westmorland, Northumberland, Cumberland, and Yorkshire were important because of their proximity to the Scottish frontier. Anglo-Scottish relations were characterised by invasions and raiding, which had affected both populations for centuries. Cross border reiving and lawlessness was deeply ingrained into the English and Scottish border culture. The society was insular and feudalistic in nature and the hatred between English and Scot was mutual. Important though the Scottish problem was, the troubles in the north went deeper. Fifty-one years after Richard III’s death, Robert Aske summed them up to leading Yorkshire denizens at Pontefract “ The profits of the abbeys suppressed, tenths and first fruits, went out of those (northern) parts. By occasion whereof, within short space of years, there should be no money or treasure in those parts, neither the tenant to have pay his rent to the lord, nor the lord to have money to do the king service withal, for so much of those parts was neither the presence of his grace, execution of his laws, not yet but little recourse of merchandise, so that of necessity the said county should either make terms with the Scots, or of very poverty make commotions or rebellions.”

 

The chief problems identified by Aske of remoteness, poverty and lawlessness were present in the fifteenth century and not just in the North. Wales, the West Country and East Anglia were also remote and lawless, and possibly some were poor. However, none of them formed the frontier to a hostile and aggressive foreign kingdom. It was this that made the northernmost counties uniquely important to the security of the realm. That said, not everybody had to sleep with their weapon to hand for fear of Scottish reiving. For instance, Yorkshire was set back from the border counties, ‘If the Scots crossed the Tees it was not a raid but an invasion’ wrote FW Brooks more than half a century ago. [15] Yorkshire’s importance was that it was the largest and most populace county north of the Trent and it was a base for operations against marauding Scots. This was especially true of York, which during the reigns of the first three Edwards served as the royal capital for a time. The fourteenth century division of the border region into West, Middle and Eastern Marches under the control of the two most powerful Northern families (the Nevilles and the Percies) was seen as the solution to the governance problem. The alternative was for the king to keep a standing army on the border, which for financial and military reasons was impracticable.

 

The joint powers given to the Neville and Percy families proved ultimately not to be the complete solution. By the fifteenth century the north was practically ungovernable from London. This was due in part to the deficiencies highlighted by Aske and especially to the ‘absence of the king’s presence (he means royal authority) and his justice in the north’. But that was not the only problem; the feudal nature of border society contributed to the  troubles of  a region that was sparsely populated and economically poor.[16] The trouble with the fourteenth century solution was not so much in the idea as in its execution. The belief that the two most powerful northern magnates could cooperate to ensure the peace and security of the north was naïve to say the least. Good governance foundered on their feuding during peace and their fighting during the Wars of the Roses. Northern gentry of the second and third rank regarded the wars between York and Lancaster as an extension of the Neville-Percy feud. They supported one side or the other based on ancient feudal loyalties, or an assessment of their own self-interest. Their prime loyalty was not to a distant king but to their feudal overlord, or to some other overlord, who best served their interest.[17]

 

Percy power was destroyed at Towton on Palm Sunday 1461. Despite the heavy losses inflicted on the Lancastrians it was not a complete Yorkist victory. The former king, Henry VI, his wife Margaret of Anjou, their young son Edward and a few of their adherents escaped to Scotland where James III gave them refuge and from whence they continued to oppose Edward IV[18]. Meanwhile, Richard Neville earl of Warwick and his brother John Lord Montagu continued to campaign against Lancastrian dissidents so as to secure Edward’s grip on the throne but mostly to cement their own grip on the north. In 1464, a force of ‘loyal northerners’ led by Montagu destroyed the Lancastrian cause at the battles Hedgeley Moor and Hexham. However, as Keith Dockray astutely points out, the ‘loyal northern retinues’ used by John Neville to defeat the Lancastrians were, in point of fact, loyal to the Neville family and not necessarily to the king. They demonstrated this in 1470 when they followed Warwick en block to the Lancastrian side during the Neville inspired rebellion of 1469-70, which started in the north.

 

‘He set out to acquire the loyalty of his people by favours and justice’

It is against that background that I now turn to consider Gloucester performance in the north in the context of the three virtues touched on by Mancini: loyalty, good lordship and justice.  I have added courage to these virtues on the basis that without courage, Gloucester was unlikely to have shown those other virtues .

 

Loyaulté me lie

Mancini’s reference to loyalty is interesting since it is a quality of particular importance to Gloucester. His personal motto was ‘loyaulté me lie’ (loyalty binds me) and it was the creed by which he lived. Mancini is, of course, referring to loyalty in its normal sense of ‘keeping faith’; however, Anne Sutton speculates that it was a word that might possibly have had other, additional, shades of meaning for Gloucester: legality, uprightness, obedience to the law and, maybe, justice. Dr Sutton’s speculation is based on the premise that Gloucester might have been familiar with ‘Piers Ploughman’, a work by William Langland in which loyalty carries those several meanings.[20] It is possible that Gloucester’s motto was subtler than we think, since the nuances of meaning found in ‘Piers Ploughman’ are all consistent with what we know of his character.

 

Whatever Gloucester may have meant by his mottos, it is clear from the contemporaneous records that he laboured hard to safeguard the interests and liberties of ‘his people’. [21] One historian writing in the twentieth century summarised his accomplishments as follows: “ Richard of Gloucester not only restored peace and stability to the north after the upheavals of the 1450s and 1460s but also provided sound government and administration. Frequently working in tandem with Henry Percy earl of Northumberland, he vigorously promoted the cause of impartial justice, whether by enforcing legislation more effectively than hitherto or arbitrating in private disputes[22]; his household council can evidently be regarded as a precursor of the Council of the North; the city of York certainly recognized the value of the duke’s good lordship and support;[23] and Dominic Mancini’s informants clearly left him to believe that Richard had deliberately ’set out to acquire the loyalty of his people through favours and justice.” [24]

 

‘A right high and mighty prince and full tender and special good lord’[25]

The York Municipal and City Records add substance to the view that the duke of Gloucester was a good friend to York and to other towns in the north. There are many examples of his integrity on the record. They demonstrate his personal interest in local affairs and his integrity in using his influence in a private capacity for the common weal. He settled many disputes between the city council and their fellow citizens, between the city council and neighbouring landowners, between citizens, and between towns, all of which were referred to him for advice, assistance or resolution.[26] I have chosen three representative examples:

  • In 1478 he arbitrated a dispute between Roland Place and Richard Clervaux over hunting rights. Neither Place nor Clervaux was a retainer of the duke, but they lived on his estates in the North Riding. Professor Pollard has helpfully reproduced the arbitration agreement written in English under Gloucester’s name and titles. Pollard notes as an afterthought that the ancestors of Place and Clervaux continued to observe a clause concerning the seating arrangements in the parish church, well into the twentieth century.[27] Gloucester obviously took great care over a dispute that some  might  consider trivial. The rights and privileges of each party are defined in minute detail in the agreement, which was probably drafted by  one of Gloucester’s lawyers, since the language is repetitious and typical of legal documents.
  • At the request of the York City Council, Gloucester took steps to have fishgarths throughout Yorkshire inspected to guard against poaching and to protect the regional economy. It was not a petty matter, since the high prices paid for Pike and other fresh water fish provided a significant income for the fishermen and the city.[28] The erection of fishgarths in Yorkshire was regulated by legislation intended to prevent illegal fishing. The City Council spent much time and money trying to eradicate the problem and they were very grateful to their ‘good lord’, the duke of Gloucester for his interest and efforts to stop the criminality. Nonetheless, it was a perennial problem, which was still being recorded in the council minutes in 1484.
  • He mediated in ‘a serious dispute over the result of the York mayoral election of 1482’.[29] There were two candidates for election: Richard Yorke and Thomas Wrangwyshe. York was elected but Wrangwyshe’s supporters would not accept the vote. The argument assumed ‘alarming proportions’ when the city magistrates sent the certification of Yorke’s election to the king.  When  the king heard of the dispute, he stopped the certification process and ordered the pervious  mayor to continue in office pro tem, whilst the election was investigated. The city magistrates turned to the duke of Gloucester for help; he acted so swiftly that within two weeks he had secured the kings approval to confirm York as the mayor. The interesting point is that Wrangwyshe was considered to be the best soldier in York and stood high in the duke’s estimation, being one of his comrades in arms. Nonetheless, Gloucester upheld the honour and dignity of the city magistrates by supporting what he considered to be their just case against his friend[30].

 

 

‘Good and indifferent justice for all’

For all his good works at a local level, it was in his capacity as the leading magnate in the north that he did his greatest and most enduring service for the north. Although the King’s Council in the North was not officially born until late July 1484, it was conceived from Gloucester personal household council during his tenure as Lord of the North. To understand how and why this came about it is necessary to explain, as briefly as possible, the dysfunctional nature of English justice at the time.

 

The problems for those living north of the Trent were as stated by Aske: ‘the absence of royal authority and of royal justice’. The Assize Judges sat not more than once a year; and anyhow, could only act on a formal indictment, which juries habitually refused to present. The breakdown of the judicial system made enforcement difficult and the work of the sheriff and bailiffs became very hard. Although there were some good judges, many were corrupt and in the pay of great lords. These judges gave judgement as directed by their patrons.  Also, juries were  easily corrupted by fear and favour. “ It was…” writes Dr Reid “…the hardest thing in the world to get a judgement against a great lord or any man well kinned (sic) and allied.[31] JP’s could try cases and punish crime at the Quarter Sessions without the need for an indictment, but the reality was that no ordinary court could cure this widespread and systemic breakdown  of  royal  justice.  Previously, the King’s Council had filled gaps by exercising  its  extraordinary civil and criminal jurisdictions through writs of oyer and terminer, to ‘hear and determine’ all trespasses and breaches of the peace, and all causes between party and party’. However, this usually meant the parties going to London, which was expensive and time-consuming. This defect could easily have been remedied by establishing district courts with the same jurisdiction as the King’s Council. However, for some reason, it was a reform that three Lancastrian kings never even considered.

 

But it was in the realm of civil party and party litigation that the want of justice was felt most acutely. Dr Reid argues that the common law “…had hardened in the hands of professional lawyers into a premature fixity and precision and had become incapable of devising rules to govern the transactions of a changing society”; whereby, ‘the poor were placed at the mercy of the rich’. [32] Furthermore, the common law courts were neither sufficient nor competent to protect peoples’ civil rights, which were recognised by law even in the fifteenth century. The development of the Chancery Court and the courts of equity eased the situation for those who could afford to litigate but did not help the bulk of the population and certainly not those residing north of the Trent. The common law lent itself to abuse by the litigious and the malicious. Consequently, there was hardly a transaction of life that could not be litigated. The delays, the cost and the insularism of the courts denied justice to many people. In the absence of the king’s justice, therefore, the household councils of the great lords became progressively the de facto courts for resolving local disputes.

 

These feudal courts had survived longer in the north due partly to its remoteness but also because they filled the vacuum left by the absence of royal justice. They were able to try a range of cases covering personal actions, contractual disputes, trespass, libel, slander, assault, breach of warranty of title and some defamation cases. Moreover, there was no restriction on them determining cases for which the king’s law had no remedy and even if there was a remedy, these seigneurial court could do justice between the parties by consent. For example, by ordering the specific performance of a contract entered into or by protecting a tenant from unlawful eviction. By the fifteenth century, seigneurial courts were, as a matter of course, also hearing complaints against court officials, appeals against judgement, applications for pardon or respite, bills against fellow tenants, and quarrels between tenants and retainers. Useful though they were in providing rough and ready justice, feudal courts had their drawbacks. First, their jurisdiction was limited to the lord’s domain. A lord might arbitrate between his tenants and retainers but it was quite impossible to interfere between a landlord and his tenant no matter how tyrannical the landlord was, unless he was in some way ‘tied’ to the lord. Second, they could not escape the censure  of the king’s  justices, who said that they ‘sacrificed law and justice for interest and favour.’[33] There is probably some truth in this accusation since the importance of patronage in local society was such that it encouraged the preference of personal interest over the law. The problem was exacerbated by the fact that an appeal to the king’s courts was usually beyond the means of most litigants.

 

Of all the baronial councils offering seigneurial justice, Gloucester’s was the most important.  The records show that the governors of York and Beverley and other towns in Yorkshire were encouraged to turn to it whenever they were in difficulty. This was not simply because he was the greatest magnate but also because his council was the most efficient and impartial. It was constituted from the men of his household council who usually met at Middleham Castle in Wensleydale (which, by the way, he insisted on calling his ‘home’). Their primary function was to help the duke administer his vast estates. However, as we have seen the council quickly assumed a very important judicial role as a seigneurial court of requests. Among Gloucester’s permanent councillors were Lord Scrope of Bolton, Baron Greystoke (Scrope and Greystoke were related to the duke by marriage), Sir Francis Lovell his closest friend and comrade in arms, Sir James Harrington, Sir William Parre, Sir Richard Nele, Richard Pygott and Miles Metcalfe. Nele was a King’s Justice of Assize and Metcalfe was the Recorder of York; Parre and Pygott were both practising lawyers ‘learned in the law’. Ad hoc Councillors called occasionally by Gloucester  included Sir James Tyrell (a man of action, used for ‘bold affairs’), Sir Ralph Assheton and (probably) Richard Ratcliffe. The secretary to the Council was John Kendall, son of a loyal servant to the house of York. It was on any view a powerful bench of judges and ‘shrewd men of affairs’. Having said all of that, we must be careful not to overestimate the extent of Gloucester’s achievements. He could neither reform the law to make it more just, nor improve its administration to make justice more accessible. He was unable to alleviate poverty. He was not a liberal reformer and he lived a privileged life that few northerners could even imagine, much less share. And yet he did a wonderful thing; without the need for bloody revolution he made justice more accessible by offering, on a case-by-case basis, “…good and indifferent (that is impartial) justice to all who sought it.“[34]

 

Gloucester demonstrated through his council that he was prepared to remedy an injustice even if he did not have the authority accorded by a strict interpretation of the law; moreover, he was prepared to use his power to enforce a just settlement. The best example of this is his council’s support for custom tenants against bad landlords. In the time of the Lancastrian kings, the judges held that tenants faced with extortionate fines and illegal eviction had no other remedy but to sue the landlord by petition. [35] The common law courts were too rigid and their officials too easily intimidated to be of help. Nevertheless, in 1482, Chief Justice Sir Thomas Brian declared “that his opinion hath always been and shall ever be, that if such a tenant by custom paying his services be ejected by the lord he shall have action of trespass against him’. Brian CJ may, of course, have been expressing his personal view of the correct law as he saw it, which was in contrast to the accepted legal doctrine and practice of the courts. However, there are grounds for thinking that he might equally have been articulating the practice of Gloucester’s household council, which was to treat an illegal eviction by a landlord as a simple trespass. Although we don’t have a written record of such cases, Littleton in his treatise ‘Tenures’ assures us that they did try them.[36] Frankly, it is inconceivable that the council did not hear many petitions and requests from destitute tenants for relief against tyrannical landlords. If they dealt with them in the same way as the ‘King’s Council in the North’ was subsequently to deal with them after 1484, they must have generally upheld the rights of the tenant who had paid his services against the unjust landlord. If so, “ It is easy to understand how Gloucester won the love of the common people beyond the Trent, which was to stand him in such good stead’[37]

 

Lord High Commissioner

In 1482, on the verge of the invasion of Scotland, Edward made a significant change to the governance of the North. He issued a commission of oyer and terminer to Gloucester and Northumberland as ‘Lord High Commissioners’, which effectively combined their household councils. The composition of the Commission is interesting since it included not only Gloucester and Northumberland but also some significant members of their respective councils augmented by two important judicial appointments. However, there is no gainsaying that the bulk of its membership came from men associated with Gloucester’s council. Sir John Scrope of Bolton, Baron Greystoke, Sir Francis Lovell, Sir Richard Nele, Sir William Parre, Sir James Harrington, Richard Pygott and Miles Metcalf were all either legal or lay members of Gloucester’s council; of the remainder, Sir Guy Fairfax (an Assize Judge on the Northern Circuit) and (possibly) John Catesby were associated with Northumberland. The relationship of Chief Justice Sir Thomas Brian and Sir Richard Clarke to either of the Lord High Commissioners is unclear. The significance of this change is that it turned the essentially private function of seigneurial courts into the king’s justice  in criminal and party and party litigation.

 

Officially, the commissioners were the king’s servants and in the absence of the duke and the earl who were off fighting the Scots, the remaining members  took steps to enforce  the kings justice.   Their success in repressing rioting that might otherwise lead to insurrection was such that it served to highlight the continuing and endemic lawlessness, which was partly due to a lack of royal authority and partly to the deficiencies in the law to which I have already referred. They also examined and arbitrated effectively in party and party disputes. This commission was valuable experience for the duke of Gloucester since it served as a model for his futuristic ‘King’s Council of the North’ and the basis upon which he reorganised the governance of the north once he became king. It is a fact that no permanent commission designed to keep the peace and provide party and party justice for northern England was set up during the reign of Edward IV and that “the credit for this most necessary reform belongs wholly to Richard III ”[38]

 

The King’s Council in the North

When Gloucester came to the throne in 1483 he had considerable practical experience of governing in the north and the provision of  justice for all; however, he did not begin immediately to formalise the work of his council. The reasons for this may seem obvious; he was busy dealing with the aftermath of Buckingham’s rebellion and ratifying his title in parliament. It is also possible that he intended to follow the precedent set by Edward IV in 1472 and set up his young son Edward Prince of Wales as the King’s Lieutenant in the North with a council to govern in his name.[39] If that was Richard’s hope, it was to be dashed. Edward Prince of Wales died in April 1484 “not far off Edward’s anniversary.” [40] It was a loss that shook king Richard as nothing else could and for a time he and Anne were almost out of their minds with grief.[41] However, Richard was king and duty-bound to turn his mind to affairs of state.

 

He decided to make some fundamental change to governance in the north. First, he separated Yorkshire administratively from the border Marches.  The earl of Northumberland was appointed as Warden in Chief of the Marches and granted several estates in Cumberland, which made him the  dominant border lord.  It was his reward for acquiescence in Richard’s accession. Next, Richard appointed John De La Pole, earl of Lincoln as the King’s Lieutenant (he had already been nominated as heir to the throne). [42]The king createdThe King’s  Council of the North from his former ducal  council and Lincoln was its first President.  Northumberland was appointed a member of the Council but was clearly subordinate to Lincoln (It was a downgrading that the proud Northumberland took hard, which may explain his treachery at Bosworth a year later.). To make these changes lawful, king Richard issued two permanent commissions: one authorising the Council to sit as Justices of the Peace, the other of oyer and terminer. With these in place, the council had full civil and criminal jurisdictions and was fit to dispense the king’s justice. Richard allocated an annual budget of 2000 marks for the maintenance of the Council, which was to be paid from the income of his northern estates.[43] The council chamber was moved from Middleham to Sandal and regulations drawn up for the council’s conduct, especially, its judicial function. In particular the regulations directed that the Council must sit at least four times a year. The preamble to these regulations captures Richard’s attitude to justice perfectly “…the Regulations as they are here called, proceed to give general directions that no member of the council, for favour, affection, hate, malice or meed (a bribe) do ne speak (sic) in the Council, otherwise than the King’s laws and good conscience shall require but shall be impartial in all things, and that if any matter comes before the Council in which one of its members is interested, that member shall retire.” [44] There is no need to discuss the detailed regulations since Richard’s respect for the law of the land is clear from the above quote.

 

It is helpful, however, to briefly mention one important case that came before the Council, which illustrates how Richard thought the legal process should work. In 1484 there was a riot in York that arose from the enclosure of some common land. Roger Layton and two other men ‘riotously destroyed the enclosure’. After some careful thought the Mayor and Council arrested and imprisoned the ringleaders, and sent their man to learn the king’s pleasure. The matter came before the king’s Secretary and Comptroller, Sir Robert Percy[45]; at the same time Lincoln, then at Sandal was informed. A week later Sir Robert arrived at York with a message from the king. The king was willing that the citizens should enjoy their common pasture; however, he reprimanded them for seeking to recover their rights by a riotous assembly, instead of putting their case to the Mayor and Council. If they failed to get justice there, they should have referred the matter to the King’s Council of the North. And if they failed to get lawful redress there they could lay the case before the king. This message was  a clear indication that the King’s Council in the North was to be a court of first instance. Matters were only laid before the King’s Council of State if the King’s Council of the North failed to do justice.  The Council remained throughout its existence, pretty much as it was in 1484 “ Neither its jurisdiction nor its procedures underwent any serious modification. Such changes as came, were just the changes of time.” [46]  In 1640, the Long Parliament abolished the King’s Council in the North.

 

Courage

This article is not really about Gloucester’s governance of the north, or the state of English justice in the second half of the fifteenth century; it is about moral courage. The type of courage described by General Sir Peter de la Billiére in his introduction to ‘The Anatomy of Courage’ by Charles Moran: “Moral courage is higher and rarer in quality than physical courage. It embraces all courage and physical courage flows from it…it is applicable to business, in law, within institutions such as schools and hospitals. It takes moral courage to stand up against a crowd, to assist a victim of bullying, or to reveal negligence where others would prefer it to remain hidden. Moral courage implies the belief that what you are doing or saying is right, and are willing to follow through your conviction regardless of personal popularity or favour: so easy to expound, so demanding to achieve. In my experience a person of high moral courage will seldom fail to demonstrate an equally distinguished level of physical courage”.

 

The reality is that Richard’s valour in battle, whilst admirable, is not enough to save him from the accusation that he was a bad man. To be given the benefit of the doubt, it is necessary to demonstrate his goodness, with examples of his moral courage and acts of kindness, justice and mercy. That is what I have tried to do in this essay. The examples of Richard’s governance to which I have referred, are merely illustrations of what I regard as his high moral courage. They demonstrate not merely his potential for goodness, but that those who lived under his governance for more than a decade thought he was a good lord.  It is not, of course, a defence against the accusations of, regicide, infanticide, incest and usurpation levelled against him; but then, it can be argued that  an active defence is hardly necessary anyway, since those accusations are only the result of  gossip, rumour and hearsay.

 

[1] I have taken the liberty of borrowing the idea for this title from the book ‘Richard III: loyalty, lordship and law’ (PW Hammond (Ed) (R3 and Yorkist History Trust i 1986). It is an excellent volume containing a number of erudite papers presented at a symposium to mark the quincentenary of king Richard III’s reign.

[2] CAJ Armstrong – The Usurpation of Richard the Third by Dominic Mancini (Oxford 1969 edition) p.65. There is a risk in inferring too much from a single source, especially as Mancini’s narrative is hearsay. Nevertheless, I am using it here for good reasons. First, Mancini provides a truly  contemporary assessment of Richard’s character (See Charles Ross–Richard III (Yale 1999 edition) p. Lvii, for an opinion on the importance of Mancini’s narrative.). Second, Mancini was no friend of Richard’s; he never met or even saw him. What he knew of Richard’s character he heard from others. Third, given Mancini’s animus towards Richard (He assumed that Richard aimed to seize the throne all along.), this unsolicited testimonial suggests there was truth in his good reputation. Finally, there is contemporary, and independent evidence that corroborates this passage.

[3] Ross (R3) pp. Lxvi and 64: professor Ross acknowledges the ‘extraordinary difficulties of the evidence’ (in deciding when and why Richard decided to assume the crown) and assures us that modern (20th century) historians ignore the Tudor tradition in favour of inferring Richard’s character and motives “ …from a close scrutiny of the events themselves without preconceptions.” He further argues that they have a more critical appreciation of the worth of the Tudor tradition, ” …and a certain unwillingness to throw the whole bodily out of the window, especially when it can be confirmed by contemporary evidence.” It is not clear quite how closely the events are scrutinised by modern historians given the ‘extraordinary difficulties of the evidence’ already alluded to. Furthermore, the near contemporary material cannot corroborate the Tudor tradition since they are one and the same thing. Corroboration means evidence independently confirmed by other witnesses. The so-called ‘Tudor tradition’ is no more that an uncritical résumé of the earlier post Richard material and repeats their mistakes.

[4] Ross (E4) pp.199-203; Ross (R3) p.26; Hicks pp.83-86; Anthony Pollard – Richard III and the Princes in the Tower (Bramley Books 1997 edition) pp.83-85; professor Hicks’ angst about Gloucester’s wickedness is so great that he couldn’t resist the following comment: “He was not a great soldier, general or chivalric hero, not a peacemaker, not even a northerner. The great estates he assembled, the north he united and the local tradition he fostered all resulted from a judicious mixture of violence, chicanery and self publicity” (p.85). Gloucester’s ‘dispute’ with Clarence over the Neville inheritance; his behaviour towards the dowager countess of Oxford whilst she was committed to his ‘keeping and rule’, his part in the trial and attainder  of Clarence and his preference for war against France are all cited as examples of his grasping, malicious  and violent  character. The trouble with this opinion is that its validity depends on accusations made after Bosworth by people with an axe to grind and at a time when it suited the Tudors to embroider his shortcomings for their own advantage. For a different opinion see Kendall pp.127-150. It is noteworthy that professor Kendall disregarded the Tudor myth, relying instead on contemporary source material to support his generally favourable interpretation of Gloucester’s behaviour as a duke.

[5] Anne F Sutton – A curious Searcher for our Weal Public: Richard III, piety, chivalry and the concept of the good prince’, published in ‘Richard III: loyalty, lordship and law’ pp.58-90. Ms Sutton’s essay provides an evidenced and balanced view of Richard as a good prince within the medieval context.

[6] Mark Lansdale and Julian Boon – Richard III: a psychological portrait (Ricardian Bulletin March 2013) pp.46-56. Professor Lansdale and Dr Boon offer a number of plausible hypotheses that might explain Richard’s behaviour. Although their professional opinions are necessarily speculative, they do not in my opinion go beyond what might be inferred from the available evidence.

[7] It is interesting (I put it no higher) to analyse the main biographies of Richard written in the last one hundred and fifty years. James Gairdner’s biography (1878) contains 332 pages, of which 52 relate to Richard’s life as duke of Gloucester; the remainder analyse Richard’s reign and the controversies surrounding it. Clement Markham wrote a biography (1898) in direct response to Gairdner’s work. Of its 327 pages, 42 deal with the period 1470-83. Paul Kendall’s biography (1955) is generally positive for Ricardians. Of its 393 pages (excluding appendices and notes), 152 are devoted to Richard as a duke, of those 49 are specifically about his time in the north. Charles Ross’ biography (1999) is — for the want of something better — considered to be the standard work on Richard’s life and reign. It contains 232 pages, of which 39 are devoted to Richard as a royal duke: including 20 pages as ‘Lord of the North’. Finally, Michael Hicks’ biography (2000 revised edition) analyses Richard’s actions in the context of a criminal trial in which Hicks’ prosecutes, defends, and is judge and jury. It contains 199 pages, the story of Richard’s life before April 1483 being compressed into 31 of them. My analysis is, of course, academic since it does no more than suggest that quantitatively, the first thirty years of Richard’s life get significantly less attention than the last two; it does not examine the reason for that. Nevertheless, it suggests to me that Ricardian studies may benefit from a new scholarly biography of Richard’s life and reign. Hopefully, it would be one that emulates in its breadth, thoroughness and objectivity Cora Scofield’s definitive account of Edward IV’s life and reign (including all that ‘merciless detail’ that professor Hicks found so tiresome), and Professor Ralph Griffiths’ equally comprehensive and objective biography of Henry VI. I live more in hope than expectation.

[8] Pollard (R3) p71-73

[9] Horace Walpole – Historic doubts on the life and reign of King Richard III (1768)

[10] Ross (R3) pp.24-26; Keith Dockray – Richard III: a source book (Sutton 1997) pp.32-33.

[11] Annette Carson – Richard duke of Gloucester as Lord Protector and High Constable of England (Imprimis Imprimatur 2015) pp. 23-26 and 61 contains a guide to the office of constable of England and Gloucester’s chivalric, martial and judicial powers. The duchy of Lancaster had held palatine status since 1351 and was independent of royal authority. Its lands in the north were vast and its power great; so much so that the Lancastrian kings retained the title of duke of Lancaster to themselves to prevent diminution of royal authority. On ascending the throne, Edward IV held the dukedom in abeyance but reserved to himself its authority, benefits and responsibilities. As Chief Steward of the duchy, Gloucester was the chairman of the council appointed by the king to administer the duchy territories.

[12] Paul Kendall – Richard III (George Allen & Unwin 1955) pp. 129,456 note 7 (citing Letters and papers of the reign of Henry VIII by JS Brewer, London 1864-76, 1, 2, pp.1054, 1260). Lord Dacre, Warden of the West March complained to Wolsey that he shouldn’t be expected to match the accomplishments of Richard duke of Gloucester. Predictably, he was told that he must provide the same standard of effective governance as the duke.

[13] Rachel Reid – The King’s Council in the North (Longman Green & Co 1921) p.27 et al

[14] Ross (E4) p.199; professor Ross argues that that it is not true that Northumberland was placed under Gloucester’s ‘supervisory authority’ as suggested by Cora Scofield and Paul Kendall. He relies on the indentures made between the duke and the earl in 1473 and 1474, which did indeed separate their authority. On his interpretation of those indentures any subordination was a private matter and not official, and the earl’s freedom of action was assured. Unfortunately, professor Ross (not for the first time) fails to read between the lines to understand what was really happening. There was indeed some early friction between the duke and the earl, arising from Northumberland’s resentment that Gloucester had inherited the Neville mantle and was an obvious threat to Percy hegemony and independence in the north. The indenture of 28 July 1474 (Dockray [sources] p. 34) was intended to calm the situation by confirming their relationship as being that of a ‘good lord’ and his ‘faithful servant’, which was the conventional arrangement, since a royal duke trumped a belted earl in status. However, the caveat inserted into the indenture that Gloucester would not to interfere with Northumberland’s duties as warden of the east and middle marches or poach his servants, was a sensible recognition of the feudal reality and a concession to the touchy earl (see Dockray [sources] p.35 for evidence of Northumberland’s touchiness). The Percy’s were notorious trimmers; they had fought against a Lancastrian king at the turn of the fifteenth century and for a Lancastrian king during the Wars of the Roses. Although their power was effectively destroyed at Towton, they played a major and distinctly treacherous part in the northern rebellions of the early 1460’s. Although, Edward never forgot their treachery, he needed Percy assistance during the 1470’s and was keen not to upset them: Gloucester obviously concurred. There can be little doubt that the indentures were a fiction to preserve Northumberland’s pride. In reality he had less influence in the north than Gloucester. Significantly, Edward was quick to clarify his brother’s supreme authority by appointing him the king’s Lieutenant General in the North when he decided to invade Scotland: not once but twice. By 1482 Gloucester was endowed with what amounted to quasi-royal authority to conduct the war (or peace) with Scotland.

[15] FW Brooks – The Council of the North (Historical Association 1953, revised edition 1966) p.6

[16] AJ Pollard – North, South and Richard III, published in ‘Richard III: crown and people (J Petre –Ed) (Richard III Society 1985) pp.350-51. Pollard refers to various local studies that show northern England to have been ‘economically backward’ at this time. Although the six counties of Westmorland, Cumberland, Northumberland, Durham, Lancashire and Yorkshire occupied about a quarter of England’s total area, they accounted for only 15% of the population (Pollard’s best guess).

[17] Brooks p.10

[18] Ross (E4) pp.45-49

[19] Keith Dockray – Richard III and the Yorkshire Gentry 1471-85, published in Richard III: loyalty, lordship and law pp.38-57. Only the personal intervention of Henry Percy (heir to the earl of Northumberland killed at Towton) prevented the northerners from attacking Edward and his small entourage when they landed on the Yorkshire coast in 1471.

[20] Sutton (R3, piety etc.) p.62

[21] Robert Davies – Extracts from the Municipal Records of the City of York during the reigns of Edward IV, Edward V and Richard III (London, 1843); and the York Civic Records, supra; Chris Given-Wilson (Gen Ed) – The Parliamentary Rolls of Medieval England (Boydell Press 2005): Rosemary Horrox (Ed) Volume 14, pp. 412 & 425; Washington DC, Library of Congress, Thatcher 1004 (a letter from Gloucester to Sir Robert Claxton, 12 August 1480, which is reproduced in Pollard (R3) p.237) and Mancini supra

[22] Calendar Patent Rolls Edward IV, Edward V and Richard III -1476-85, p.339; T Stapleton (Ed) Plumpton Correspondence (Camden Soc 1839) pp.31-33 & 40 and A Raine (Ed) – York Civic Records (Yorkshire Archaeological Society Records Series 1939) Vol 1, PP.2-3.

[23] YCR pp.15-16, 51-52 & 54

[24] Dockray (R3 sources) pp. 30, 34-37

[25] Davies p.89; this is a quote from a letter from the York City Council to the duke of Gloucester.

[26] Reid p.58; Davies passim

[27] Pollard (R3) pp.231-32, and Appendix 1, pp.234-236. The original arbitration agreement is in North Riding County Record Office, Clervaux Cartulary, ZQH.

[28] Davies pp.80-95; the cost of Pike ranged from 10s.3d to 11s.3d ‘a piece’ old money, which equates to about 52-62p today.

[29] Kendall pp135-37; see also Davies pp140-41

[30] Dorothy Mitchell – Richard III and York (Silver Boar 1987) p.27; Alderman Thomas Wrangwyshe was a colourful character indeed. Aged about forty-five in 1482. He commanded a company of archers in Gloucester’s Scottish campaigns. In 1483 he personally led 300 men from York to be at the king’s side during Buckingham’s rebellion. He was a rough diamond, with a distinctly ‘Ricardian’ sense of justice. In one case in January 1485, when he was the Mayor, he sent a man to the gaol for being cruel to another man, who was, in the stocks. The sergeants were escorting the prisoner to the city gaol, when a ‘large group of his heavily armed friends’ tried to release him. Wrangwyshe, hearing the violent affray, stormed into the street and settled the fight with his fists; thereafter he grabbed the prisoner in ‘his strong hands’ and  dragged him off to the gaol. Wrangwyshe was a  formidable fighter in and out of the council chamber and seems to have won Gloucester’s friendship.

[31] Reid p.47

[32] Reid p.48

[33] Reid p.54

[34] Reid p.58: the sub-heading for this section is paraphrased from a sentence in Dr Reid’s work on the council of the north, which reads as follows “Richard did not reserve his favour for the victims of economic change. In his Council he offered good and indifferent justice to all who sought it, were they rich or poor, gentle or simple”.

[35] There was an upsurge in unfair fines and illegal evictions due to economic factors on the continent, which was driving-up the price of wool and hides (the North’s most marketable commodity). As a consequence, the value of pastureland increased. Tenants who held manor lands by feudal custom were liable to have their land enclosed by ruthless landlords intent on turning arable land or rough common land into valuable pasture.

[36] Reid pp. 57-58 citing Sir Thomas de Littleton- Tenures (published 1482) (1841 edition) Sec 77; Brian CJ’s dictum was incorporated into the 1530 edition of Littleton. Sir Thomas de Littleton (1407-1481) was an English judge and jurist. His treatise on ‘tenure’ was the standard legal textbook on the law of property until the nineteenth century.

[37] Reid, ibid

[38] Reid p.59

[39] Reid pp.59-61

[40] Nicholas Pronay and John Cox (Eds) – The Crowland Chronicle Continuations 1459-1486 (Richard III and Yorkist History Trust 1986) p.171

[41] Pronay; ibid

[42] Rosemary Horrox and PW Hammond (Eds) – British Library Harleian Manuscript 433 (R3S 1982), Vol 3, pp. 107-08 [f264b]. The Commission creating the Council and appointing the earl of Lincoln as its first president is undated. However, Lincoln was at the time Richard’s heir and so the Commission must have been signed after the death of the Prince of Wales, probably around the 24 July 1484.

[43] Harleian MS433, Vol 3, pp. 114-117 [f 270]); see also Reid pp. 58-70 for a detailed appreciation of Richard’s regulations governing the council’s conduct.

[44] Harleian MS433, ibid; I think there may be  a double negative in Richard’s regulations.

[45] Mitchell p.30; Sir Robert Percy (not a member of the Northumberland Percies) was king Richard’s closest personal friend after Francis Lovell; the three had trained together at Middleham. Faithful to the end, he died fighting beside his king in the final charge at Bosworth. Percy’s son was attainted after the battle of Stoke in 1487.

[46] Reid p.62

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